Page:United States Statutes at Large Volume 92 Part 2.djvu/215

 PUBLIC LAW 95-475—OCT. 18, 1978

92 STAT. 1495

tions referred to in the preceding sentence are initially prescribed, the Commission shall from time to time thereafter review such regulations and make such amendments thereto as may be a p p r o p r i a t e. "; (3) by inserting " (b) " immediately before " P e n d i n g " at the beginning of the second paragraph thereof; (4) by amending subsection (b) (as so designated by paragraph (3)) by (A) inserting ", except as provided in subsection (c), " immediately before "from time to time'' in the first sentence thereof; (B) striking out "four months " and inserting "one hundred and eighty d a y s " in lieu thereof in the first sentence thereof; (C) striking out " and decide the same as speedily as possible" at the end of the last sentence thereof; and (D) inserting at the end thereof the following new sentences: "Notwithstanding any other provision of law, the Commission shall complete such hearing under this section within sixty d a y s; the initial decision resulting therefrom, if any, shall be submitted in writing to the Commission within one hundred and twenty d a y s; and the Commission shall issue a final decision thereon within one hundred and eighty days. The sixty-day, one hundred and twenty-day, and one hundred and eighty-day periods referred to in the preceding sentence shall each begin on the day on which such rate, fare, charge, classification, regulation, or practice first takes effect or, in the case of suspended matter, shall begin on the day on which such matter would have otherwise gone into effect. However, the Commission may, in its discretion and for good cause, extend the time period or suspension period for a period of not more than sixty days, if three or more Commissioners agree to such an extension. If such extension is granted, the Connnission shall report in writing to Congress within ten days from the g r a n t i n g of such extension together with— " (A) a full explanation of the reasons for the extension, " (B) the issues involved in the matter before the Commission, " (C) the names of the personnel of the Commission working on such matter, and " (D) a record of how each Commissioner voted on the extension. If a final decision is not issued by the Commission within the one hundred and eighty day period, or by the end of any extension period, such rate, fare, charge, classification, regulation, or practice shall, for purposes of this section, thereafter be deemed to be just and reasonable. However, if the Commission finds that it is unable to issue a final <lecision within such period or within such extension due to delays which are directly attributable to the proponent of such rate, charge, classification, regulation, or practice, the Commission may disapprove such rate, fare, charge, classification, regulation, or practice, upon the expiration of such period or extension. This provision shall not preclude any remedies available pursuant to section 22 of the S h i p p i n g Act of 1016. Notwithstanding any other provision of law. in providing 46 USC 821. a hearing for the purposes of this Act. it shall be adequate to provide an opportunity for the submission of all evidence in written form, followed by an opportunity for briefs, written statements, or conferences of the parties. Any such conference may be chaired by an individual Commissioner, an administrative law ]udge, or any designated employee of the Commission.";

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