Page:United States Statutes at Large Volume 80 Part 1.djvu/1003

 80 STAT. ]

PUBLIC LAW 89-684-OCT. 15, 1966

wages for such workers at a rate lower tlian that specified hi section 3(a)(1) of this Act, "(2) governing piece rates, bonuses, and commissions in relation to time rates, "(3) governing part-time rates, "(4) governing minimum daily wages, "(5) relating to wage provisions governing split shift and excessive spread of hours, and "(6) governing uniforms, tools, travel, and other items of expense mcurred by employees as a condition of employment. " (d) Kegulations or revisions thereof issued by the Commissioneis pursuant to this section shall be made only after a public hearing by the Commissioners, subsequent to publication of a notice of the hearing at which interested persons may be heard. Such regulations or revisions shall, except as may otherwise be provided by the Commissioners, take effect upon the expiration of thirty days after the date on whicii such regulations and revisions were made by the Commissioners. "JUDICIAL REVIEW

"SEC. 9. (a) Any person aggrieved by an order of the Commissioners issued under this Act may obtain a review of such order in the District of Columbia Court of Appeals by filing in such court, within sixty days after the issuance of such order, a wfitten petition praying that the order of the Commissioners be modified or set aside in whole or in part. A copy of such petition shall forthwith be transmitted by the clerk of the court to the Commissioners, and thereupon the Commissioners shall file in the court the record upon which the order complained of was entered. Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify, or set aside such order in whole or in part, so far as it is applicable to the petitioner. The review by the court shall be limited to questions of law, and findings of fact by the Commissioners when supported by substantial evidence shall be conclusive. No objection to the order of the Commissioners shall be considered by the court unless such objection was presented to the Commissioners, except where there were reasonable grounds for failure to present such objections to the Commissioners. If application is made to the court for leave to offer additional evidence, and it is shown to the satisfaction of the court that such additional evidence may materially affect the result of the proceeding and that there were reasonable grounds for failure to offer such evidence in the proceedings before the Commissioners, the court may order such additional evidence to be taken by the Commissioners in such manner and upon such terms and conditions as the court may prescribe. The Commissioners may modify the initial findings by reason of the additional evidence so taken, and shall file with the court such modified or new findings which, if supported by substantial evidence, shall be conclusive, and shall also file their recommendation, if any, for the modification or setting aside of the original order. "(b) The commencement of proceedings under subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Commissioners' order. The court shall not grant any stay of the order unless the person complaining of such order shall file in court an undertaking with a surety or sureties, satisfactory to the court, for the payment to the employees affected by the order, in the event such order is affirmed, of the amount by which the compensation such employees are entitled to receive under the order exceeas the compensation they actually receive while such stay is in effect.

967

�