Page:United States Statutes at Large Volume 94 Part 1.djvu/427

 PUBLIC LAW 96-252—MAY 28, 1980 (b)(l) Section 18(c) of the Federal Trade Commission Act (15 U.S.C. 57a(c)) is amended by striking out "subsection (b)(3)" and inserting in lieu thereof "subsection (b)(1)(C)". (2) Section 18(e)(5)(C) of the Federal Trade Commission Act (15 U.S.C. 57a(e)(5)(C)) is amended by striking out "subsection (b)(4)" and inserting in lieu thereof "subsection (b)(1)(D)". PRESIDING OFFICER AT RULEMAKING PROCEEDINGS

SEC. 9. (a) Section 18(c) of the Federal Trade Commission Act (15 U.S.C. 57a(c)) is amended— (1) by redesignating paragraph (1) through paragraph (4) as paragraph (2) through paragraph (5), respectively; and (2) by inserting before paragraph (2), as so redesignated in paragraph (1), the following new paragraph: "(1)(A) The Commission shall provide for the conduct of proceedings under this subsection by hearing officers who shall perform their functions in accordance with the requirements of this subsection. "(B) The officer who presides over the rulemaking proceedings shall be responsible to a chief presiding officer who shall not be responsible to any other officer or employee of the Commission. The officer who presides over the rulemaking proceeding shall make a recommended decision based upon the findings and conclusions of such officer as to all relevant and material evidence, except that such recommended decision may be made by another officer if the officer who presided over the proceeding is no longer available to the Commission. "(C) Except as required for the disposition of ex parte matters as authorized by law, no presiding officer shall consult any person or party with respect to any fact in issue unless such officer gives notice and opportunity for all parties to participate.". (b) Section 18(c) of the Federal Trade Commission Act (15 U.S.C. 57a(c)), as amended in subsection (a), is further amended— (1) in paragraph (2) thereof, as so redesignated in subsection (a)(l)~ (A) by striking out "paragraph (2)" and inserting in lieu thereof "paragraph (3)"; and (B) by striking out "paragraph (2)(B)" and inserting in lieu thereof "paragraph (3)(B)"; (2) in paragraph (3) thereof, as so redesignated in subsection (a)(1), by striking out "paragraph (1)" and inserting in lieu thereof paragraph (2)"; and (3) in paragraph (4)(A) thereof, as so redesignated in subsection (a)(D, by striking out "paragraphs (1) and (2)" and inserting in lieu thereof "paragraphs (2) and (3)". (c) Section 18(e)(l)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(e)(l)(B)) is amended by striking out "subsection (c)(4)" and inserting in lieu thereof "subsection (c)(5). COMPENSATION FOR PARTICIPATION IN RULEMAKING PROCEEDINGS

SEC. 10. (a) Section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)) is amended by redesignating paragraph (3) as paragraph (4), and by inserting after paragraph (2) the following new paragraph:

94 STAT. 377

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