Page:United States Statutes at Large Volume 92 Part 1.djvu/735

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 681

(2) The administrative law judge and each member of a panel to which a dispute is referred for decision shall be a resident of the United States judicial circuit within which the damage complained of occurred, or, if the damage complained of occurred within two or more circuits, of any of the affected circuits, or, if the damage occurred outside any circuit, of the nearest circuit. (3) Upon receipt of a dispute, the administrative law judge or panel shall adjudicate the case and render a decision in accordance with section 554 of title 5, United States Code. In any proceeding sub- Subpena. ject to this subsection, the presiding officer may require by subpena any erson to appear and testify or to appear and produce books, papers, ocuments, or tangible things at a hearing or deposition at any designated place. Subpenas shall be issued and enforced in accordance with procedures in subsection (d) of section 555 of title 5, United States Code, and rules promulgated by the Secretary. If a person fails or 't - J r^ refuses to obey a subpena, the Secretary may invoke the aid of the district court of the United States where the person is found, resides, or transacts business in requiring the attendance and testimony of the person and the production by him of books, papers, documents, or any tangible things. (4) A hearing conducted under this subsection shall be conducted within the United States judicial district within which, or nearest to which, the damage complained of occurred, or, if the damage comlained of occurred within two or more districts, in any of the affected istricts, or if the damage occurred outside any district, in the nearest district. (5) The decision of the administrative law judge or panel under Final order, this subsection shall be the final order of the Secretary, except that Regulations, the Secretary, in his discretion and in accordance with regulations which he may promulgate, may review the decision upon his own initiative or upon exception of the claimant or the Fund. (6) Final orders of the Secretary made under this subsection shall be reviewable pursuant to section 702 of title 5, United States Code, in the district courts of the United States. (j)(l) In any action brought pursuant to this title against an owner, operator, or guarantor, both the plaintiff and defendant shall serve a copy of the complaint and all subsequent pleadings therein upon the Fund at the same time such pleadings are served upon the opposing parties. (2) The Fund may intervene in any action described in paragraph (1) of this subsection as a matter of right. (3) In any action described in paragraph (1) of this subsection to which the Fund is a party, if the owner, operator, or guarantor admits liability under this title, the Fund upon its motion shall be dismissed therefrom to the extent of the admitted liability. (4) If the Fund receives from either the plaintiff or the defendant notice of an action described in paragraph (1) of this subsection, the f u n d shall be bound by any judgment entered therein, whether or not the Fund was a party to the action. (5) If neither the plaintiff nor the defendant gives notice of an action described in paragraph (1) of this subsection to the Fund, the limitation of liability otherwise permitted by section 304(b) of this title shall not be available to the defendant, and the plaintiff shall not recover from the Fund any sums not paid by the defendant.

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