Page:United States Statutes at Large Volume 92 Part 2.djvu/66

 92 STAT. 1346 ifiu

PUBLIC LAW 95-473—OCT. 17, 1978

i > or chief magistrate of a city, judge of a county court, or court of com,,J, inon pleas of any State, or a notary public who is not counsel or at, torney of a party or interested in the proceeding. ^4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition. (5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent. J;.i; (6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Commission or agreed on by the parties by written stipulation filed with the Commission. A deposition shall be filed with the Commission promptly. (e) Each witness summoned before the Commission or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States. 49 USC 10322. § 10322. Initial decisions—nonrail proceedings (a) When testimony is taken at a public hearing, an individual Commissioner, an employee board, oi' an employee delegated to act under section 10305 of this title shall issue an initial decision that Filing. includes a statement of reasons for the decision and an order. The decision and order shall be filed with the Interstate Commerce Commission. An initial decision becomes an action of the Commission on the 20th day after the initial decision is served on the interested parties, ':•! including persons referred to in section 10328(b) of this title if the proceeding involves a motor carrier, unless— (1) an exception to the initial decision is filed by an interested ,. party during that 20-day period or by the end of an extended period if authorized by the Commission, or a division or board designated by the Commission; or (2) the Commission, or a division or board designated by the Commission, stays or postpones the initial decision. Review. (b) Before an initial decision of an individual Commissioner, a board, or an employee becomes an action of the Commission, a division or board designated by the Commission, or the Commission, may review the initial decision on its own initiative and shall review the initial decision if exception to it is filed under subsection (a)(1) of this section. An initial decision may be reviewed on the record on r. j < which it is based or by a further hearing. If an initial decision is reviewed, it is stayed or postponed pending final determination of the matter, and it is an action of the Commission only after the final determination is made. 49 USC 10323. § 10323. Rehearing, reargument, and reconsideration—nonrail proceedings (a) The Interstate Commerce Commission may grant rehearing, reargument, or reconsideration of a decision that has become an action of the Commission. A party to the proceeding may apply for rehearing, reargument, or reconsideration under Commission regulations. Except as provided in subsection (b)(2) of this section, the Commission

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