Page:United States Statutes at Large Volume 92 Part 2.djvu/67

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PUBLIC LAW 95-473—OCT. 17, 1978

92 STAT. 1347

may limit the right to apply for rehearing, reargument, or reconsideration of a decision of the Commission or a division to a proceeding or class of proceedings involving issues of general transportation importance. (b)(1) An application for rehearing, reargument, or reconsideration shall be considered and acted on— (A) by the Commission if the action of the Commission was taken by it; or (B) by the Commission, or by an appellate division designated by the Commission, if the initial decision was made by a division, individual Commissioner, board, or employee. (2) An application for rehearing, reargument, or reconsideration shall be granted and referred to an appellate division for action if— (A) the matter was delegated for an initial decision to an individual Commissioner, board, or employee; (B) the application is filed by the 20th day after the date the initial decision became an action of the Commission under sec' tion 10322(a) of this title; and (C) the matter has not been previously reviewed under section 10322(b) of this title. (c) The Commission or an appellate division may change a decision of a division, an individual Commissioner, board, or employee if the decision appears unreasonable after rehearing, reargument, or reconsideration. However, the subsequent decision is subject to rehearing, reargument, or reconsideration under this section. 49 USC 10324. §10324. Commission action (a) Unless otherwise provided in this subtitle, the Interstate Commerce Commission may determine, within a reasonable time, when its actions, other than an action ordering the payment of money, take effect. However, an action of the Commission in a proceeding involving a motor carrier, a broker, a water carrier, or freight forwarder may not take effect for 30 days. (b) An action of the Commission remains in effect under its own terms or until superseded. The Commission may change, suspend, or 5et aside any such action on notice. Notice may be given in a manner determined by the Commission. A court of competent jurisdiction may suspend or set aside any such action. (c) An action of the Commission is enforceable unless— (1) application for rehearing, reargument, or reconsideration is made under section 10323 of this title before the effective date of the action; or (2) the Commission stays or postpones the action. § 10325. Judicial review—nonrail proceedings 49 USC 10325. A civil action to enforce, enjoin, suspend, or set aside an action of the Interstate Commerce Commission taken by a division, individual Commissioner, employee board, or employee delegated to act under section 10305 of this title may be started in a court of the United States only— (1) on denial of an application for rehearing, reargument, or j reconsideration; or (2) if the application is granted, after a rehearing, reargument, reconsideration or other disposition by the Commission or an appellate division under section 10323 of this title.

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