Page:United States Statutes at Large Volume 92 Part 2.djvu/69

 PUBLIC LAW 9 5 - 4 7 3 ^ 0 C T. 17, 1978

92 STAT. 1349

(3) an order; and (4) justification of the findings of fact, conclusions of law, and order. (c) The Commission, or a division designated by the Commission, may void the requirement of an initial decision under subsection (b) of this section and may require the matter to be considered by the Commission or that division on finding that the matter involves a question of Commission policy, a new or novel issue of law, or an issue of general transportation importance, or that it is required for the timely execution of its functions. (d) In a proceeding under this section, after the parties have had at least an opportunity to submit evidence in written form, the Commission shall give them an opportunity for briefs, written statements, or conferences of the parties. A conference of the parties must be chaired by a division, an individual Commissioner, an employee board, an employee delegated to act under section 10305 of this title, or an employee designated by the Commission. (e) Copies of an initial decision under subsection (b) of this section shall be served on the interested parties. An initial decision becomes an action of the Commission on the 20th day after it is served on the interested parties, unless— (1) an interested party files an appeal during the 20-day period, -! or by the end of an additional period of not more than 20 days, if authorized by the Commission or division designated by the Commission; or (2) the Commission stays or postpones the initial decision under subsection (g)(2) or (j) of this section within the period or additional period referred to in clause (1) of this subsection. (f)(1) Before an initial decision becomes an action of the Commis- Review, sion, the Commission, or a division or board designated by the Commission, may review the initial decision on its own initiative, and shall review an initial decision if an appeal is filed under subsection (e)(1) of this section. However, a board may not decide an appeal from an initial decision if the appeal may be further appealed to the Commission. (2) An initial decision may be reviewed on the record on which it is based or by a further hearing. If an initial decision is reviewed, it shall be stayeid pending final determination of the matter, and it is an action of the Commission only after the final determination is made. If an appeal is filed under subsection (e)(1) of this section, the final determination shall be made by the 180th day after the appeal is filed. (3) Review of, or appeal from, an initial decision shall be conducted under section 557 of title 5. The Commission may prescribe rules limit- Rules, ing and defining the issues and pleadings on review under section 557 (b) of that title. (g)(1) The Commission may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances— (A) reopen a proceeding; (B) grant rehearing, reargument, or reconsideration of an action of the Commission; and (C) change an action of the Commission. An interested party may petition to reopen and reconsider an action of Petition, the Commission under this paragraph under regulations of the Commission.

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