Page:United States Statutes at Large Volume 78.djvu/524

 482

Prohibition of certain claims.

Investigation, hearings, etc.

38 Stat. 722.

60 Stat. 809.

Adjudication.

Report to Congress.

PUBLIC LAW 88-447-AUG. 19, 1964

[78 STAT.

claimants of obtaining formal proof of all items of loss in claims presented to him, and shall not be bound by formal rules of evidence, but may rely on such presumptions and other methods of establishing losses as he may find to be equitable. SEC. 2. (a) The Commissioner shall receive claims for a period of twelve months from the date of enactment of this Act. All claims not presented within that time shall be forever barred. (b) The Commissioner shall not consider any claim— (1) for damage or loss on account of death or personal injury, personal inconvenience, physical hardship, or mental suffering; or (2) for loss of anticipated profits or loss of anticipated earnings. SEC. 8. (a) The (Commissioner shall give reasonable notice to the interested parties and an opportunity for them to be heard and to present evidence before making a final determination upon any claim. (b) For the purpose of any hearing or investigation authorized under this Act, the provisions of sections 9 and 10 (relating to examination of documentary evidence, attendance of witnesses, and production of books, papers, and documents) of the Federal Trade Commission Act of September 26, 1914, as amended (15 U.S.C. 49, 50), are hereby made applicable to the jurisdiction, powers, and duties of the (Commissioner. Subpenas may be served personally, by registered mail, by telegraph, or by leaving a copy thereof at the residence or principal place of business of the person required to be served. A verified return by the individual so serving the same, setting forth the manner of service, shall be proof of service. The United States niarshals or their deputies shall serve such process in their respective districts. (c) A written record shall be kept of all hearings and proceedings under this Act and shall be open to public inspection. (d) The provisions of section 10 of the Administrative Expenses Act of 1946 (5 U.S.C. 95a) shall apply with respect to witnesses summoned to attend any hearing or investigation authorized under this Act. SEC. 4. (a) The Commissioner shall adjudicate all claims filed under this Act by award or order of dismissal, as the case may be, upon written findings of fact and reasons for the decision. A copy of each such adjudication shall be mailed to the claimant or his attorney. (b) No payment of any award on a claim for moving expenses under section 1(3) of this Act to the owners and tenants or their heirs at law of any parcel of land shall exceed 25 per centum of its fair value, as determined by the court proceedings in eminent domain or the Commissioner in the event no court proceedings were had. I n any event, except for awards on claims by welfare agencies, municipal corporations, or other political subdivisions of the State of Texas, no payment of any award shall exceed $2,500 in amount. Subject to these limitations, the Commissioner may make payment of awards out of such funds as may be made available for this purpose by Congress. (c) On the first day of each regular session of Congress the Commissioner shall transmit to Congress a full and complete statement of all adjudications rendered under this Act during the previous year, stating the name and address of each claimant, the amount claimed, the amount awarded, the amount paid, and a brief synopsis of the facts in the case and the reasons for each adjudication.

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