49 USC 10305: Delegation of authority

49 USC 10305: Delegation of authority Text contains those laws in effect on January 4, 1995

From Title 49-TRANSPORTATIONSUBTITLE IV-INTERSTATE COMMERCECHAPTER 103-INTERSTATE COMMERCE COMMISSIONSUBCHAPTER I-ORGANIZATION

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§10305. Delegation of authority

(a) The Interstate Commerce Commission may delegate to a division, an individual Commissioner, an employee board, or an employee appointed under section 3105 of title 5, a matter before the Commission for action, including a matter referred to it by either House of Congress or by Congress. However, the Commission may not delegate a matter required to be referred to a joint board under section 10341 of this title, or a function vested in the Commission under this chapter. The Commission may change or rescind a delegation under this subsection at any time. When a Commissioner or employee cannot act on a matter delegated under this section because of absence or another reason, the Chairman of the Commission may designate another Commissioner or employee, as the case may be, to serve temporarily until the Commission otherwise orders.

(b) Delegation to a division of a matter related to the validity of rates shall be made according to the character of regulation exercised. The delegation of any such matter may not be made according to the kind or class of carrier involved or to the form or mode of transportation in which that carrier may be engaged.

(c) A division, individual Commissioner, employee board, or an employee may act on a matter delegated under subsection (a) of this section. When acting under this section, a division, individual Commissioner, board, or an employee has the same power and authority and is subject to the same duties and obligations as the Commission. Action taken under this section has the same force and is taken in the same manner as if taken by the Commission.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1342 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10305(a), (b)	49:17(2) (less 80th–98th words in 1st sentence and less 2d sentence).	Feb. 4, 1887, ch. 104, §17(2) (less 80th–98th words in 1st sentence and less 2d sentence), (4) (1st and 3d sentences), 24 Stat. 385 ; Aug. 9, 1917, ch. 50, §2, 40 Stat. 270 ; Feb. 28, 1920, ch. 91, §432, 41 Stat. 492 ; Feb. 28, 1933, ch. 136, §1, 47 Stat. 1368 ; Aug. 9, 1935, ch. 498, §1, 49 Stat. 543 ; restated Sept. 18, 1940, ch. 722, §12, 54 Stat. 913 .
	49:17(11).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §17(11); added Sept. 18, 1940, ch. 722, §12, 54 Stat. 913 ; Feb. 5, 1976, Pub. L. 94–210, §303(a), 90 Stat. 48 .
	49:305(h).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §205(h); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 548 ; Sept. 18, 1940, ch. 722, §20(c), 54 Stat. 922 .
	49:916(a).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §316(a); added Sept. 18, 1940, ch. 722, §201, 54 Stat. 946 ; Oct. 15, 1970, Pub. L. 91–452, §243(b), 84 Stat. 931 .
	49:1017(a).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §417(a); added May 16, 1942, ch. 318, §1, 56 Stat. 297 ; Oct. 15, 1970, Pub. L. 91–452, §243(c), 84 Stat. 931 .
10305(c)	49:17(4) (1st and 3d sentences).
	49:17(11).
	49:305(h).
	49:916(a).
	49:1017(a).

In subsection (a), the words "work, business, or functions under any provision of law" and "by order" from 49:17(2) are omitted as surplus. The word "change" is substituted for "amend", "modify", and "supplement" in 49:17(2) for clarity and consistency. The words "employee appointed under section 3105 of title 5" are substituted for "examiner" in 49:17(11) for clarity because those examiners perform judicial functions. The provisions of 49:17(11) initially applied only to hearings involving motor carriers but are revised to apply to any matter under the subtitle in view of section 556 of title 5.

In subsection (c), the words "hear", "determine", "order", "certify", "report", "otherwise act", "force", and "evidenced" from 49:17(4) are omitted as surplus.

Section Referred to in Other Sections

This section is referred to in sections 10306, 10307, 10310, 10321, 10327 of this title.