Page:United States Statutes at Large Volume 91.djvu/624

 9 1 STAT. 590

PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 REMEDIAL ORDERS

Violations. 42 USC 7193.

SEC. 503. (a) If upon investigation the Secretary or his authorized representative believes that a person has violated any regulation, rule, or order described in section 501(a) promulgated pursuant to the 15 USC 751 note. Emergency Petroleum Allocation Act of 1973, he may issue a remedial order to the person. E a c h remedial order shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of such rule, regulation, or order alleged to "Person." have been violated. For purposes of this section "person" includes any individual, association, company, corporation, partnership, or other entity however organized. Final order, (b) If within t h i r t y days after the receipt of the remedial order appeal, issued by the Secretary, the person fails to notify the Secretary that prohibition. he intends to contest the remedial order, the remedial order shall become effective and shall be deemed a final order of the Secretary and not subject to review by any court or agency. Contestation, (c) If within thirty days after the receipt of the remedial order notice. issued by the Secretary, the person notifies the Secretary that he intends to contest a remedial order issued under subsection (a) of this section, the Secretary shall immediately advise the Commission of Stay. such notification. Upon such notice, the Commission shall stay the effect of the remedial order, unless the Commission finds the public interest requires immediate compliance with such remedial order. The Hearing. Commission shall, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documenCross tary evidence, and oral arguments. To the extent that the Commission examination. in its discretion determines that such is required for a full and true disclosure of the facts, the Commission shall afford the r i g h t of cross Final order. examination. The Commission shall thereafter issue an order, based Enforcement and on findings of fact, affirming, modifying, or vacating the Secretary's remedial order, or directing other appropriate relief, and such order shall, for the purpose of judicial review, constitute a final agency action, except that enforcement and other judicial review of such action shall be the responsibility of the Secretary. Time limits. (d) The Secretary may set reasonable time limits for the Commission to complete action on a proceeding referred to it pursuant to this section. (e) Nothing in this section shall be construed to affect any procedural action taken by the Secretary prior to or incident to initial issuance of a remedial order which is the subject of the hearing provided in this section, but such procedures shall be reviewable in the hearing. Savings (f) The provisions of this section shall be applicable only with reprovision. spect to proceedings initiated by a notice of probable violation issued after the effective date of this Act. REQUESTS FOR ADJUSTMENTS

42 USC 7194.

15 USC 761 note. 15 USC 791 note. 42 USC 6201 note.

SEC. 504. (a) The Secretary or any officer designated by him shall provide for the making of such adjustments to any rule, regulation or order described in section 501(a) issued under the Federal Energy Administration Act, the Emergency Petroleum Allocation Act of 1973, the Energy Supply and Environmental Coordination Act of 1974, or the Energy Policy and Conservation Act, consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens, and shall by

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