Page:United States Statutes at Large Volume 90 Part 1.djvu/100

 90 STAT. 50

Rules.

Written statement, availability to public.

49 USC 17.

PUBLIC LAW 94-210—FEB. 5, 1976 " (g) The Commission may, at any time upon its own initiative, on grounds of material error, new evidence, or substantially changed circumstances— " (i) reopen any proceeding; " ( i i) g r a n t rehearing, reargument, or reconsideration with •'•• respect to any decision, order, or requirement; and " ( i i i) reverse, modify, or change any decision, order, or requirement. The Commission may establish rules allowing interested parties to petition for leave to request reopening and reconsideration based upon material error, new evidence, or substantially changed circumstances. " (h) Notwithstanding any other provision of this Act, any decision, order, or requirement of the Commission, or of a duly designated division thereof, shall be final on the date on which it is served. A civil action to enforce, enjoin, suspend, or set aside such a decision, order, or requirement, in whole or in part, may be brought after such date in a court of the United States pursuant to the provisions of law which are applicable to suits to enforce, enjoin, suspend, or set aside orders of the Commission. " (i) Notwithstanding the provisions of paragraph s (5), (6), (7), and (8), the provisions of this paragraph shall govern the disposition of, and shall apply only to, any matter before the Commission which involves a common carrier by railroad subject to this part, except that the provisions of other sections of this part pertaining to deadlines in Commission proceedings shall govern to the extent that they are inconsistent with the provisions pertaining to deadlines contained in this paragraph. " (j) Reports in writing and other written statement (including, but not limited to, any report, order, decision and order, vote, notice, letter, policy statement, rule, or regulation) of any official action of the Commission (whether such action is taken by the Commission, a division thereof, any other group of Commissioners, a single Commissioner, an employee board, an administrative law judge, or any other individual or group of individuals who are authorized to take any official action on behalf of the Commission) shall indicate (i) the official designation of the individual or group taking such action (ii) the name of each individual taking, or participating in taking, such action, and (iii) the vote or position of each such part i c i p a t i n g individual. I f any individual who is officially designated as a member of a g r o u p which takes any such action does not participate in such action, the written statement of such action shall indicate that such individual did not participate. E a c h individual who participates in taking any such action shall have the right to express his individual views as part of the written statement of such action. The written statement of any such action shall be made available to the public in accordance with Federal law.". (b) Section 17 of the Interstate Commerce Act is amended by inserting therein a new paragraph (14) as follows: "(14)(a) Any formal investigative proceeding with respect to a common carrier by railroad which is instituted by the Commission after the date of enactment of this subdivision shall be concluded by the Commission with administrative finality within 3 years after the date on which such proceeding is instituted. Any such proceeding which is not so concluded by such date shall automatically be dismissed. " (b) W i t h i n 1 year after the date of enactment of this subdivision, the Commission shall conclude or terminate, with administrative finality, any formal investigative proceeding with respect to a common carrier by railroad which was instituted by the Commission on its own

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