49 USC 10306: Conduct of proceedings

49 USC 10306: Conduct of proceedings 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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§10306. Conduct of proceedings

(a) A majority of the Interstate Commerce Commission, a division, or an employee board is a quorum for the transaction of business. A Commissioner, the Secretary of the Commission, a member of an employee board, or an employee delegated to act under section 10305 of this title may administer oaths.

(b) A party may appear and be heard before the Commission, a division, an individual Commissioner, a board, or an employee delegated to act under section 10305 of this title in person or by an individual admitted to practice under section 10308 of this title. A hearing before the Commission, a division, an individual Commissioner, a board, or an employee shall be made public on the request of an interested party.

(c) The Commission shall conform its forms for giving notice and their manner of service, to the extent practical, to those used by the courts of the United States.

(d) Votes and other official acts of the Commission, a division, an individual Commissioner, an employee board, or an employee delegated to act under section 10305 of this title shall be recorded and shall be made public on the request of an interested party.

(e) A member of a board and an employee delegated to act under section 10305 of this title may not have a pecuniary interest in, hold an official relation to, or own securities of a carrier providing transportation by any mode.

(f) The Commission shall review at least once every 3 years and revise as necessary the rules of practice for matters related to rail carriers adopted under section 305(c) ¹ of the Railroad Revitalization and Regulatory Reform Act of 1976 (90 Stat. 53).

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1343 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10306(a)– (e)	49:17(3) (less 2d sentence and last 42 words of 3d sentence).	Feb. 4, 1887, ch. 104, §17(3) (less 2d sentence and last 42 words of 3d sentence), 24 Stat. 385 ; Mar. 2, 1889, ch. 382, §6, 25 Stat. 861 ; Aug. 9, 1917, ch. 50, §2, 40 Stat. 270 ; Feb. 28, 1920, ch. 91, §430, 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, §304(a), 90 Stat. 48 .
	49:305(h), (i) (related to examiners).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §205(h), (i) (related to examiners); added Aug. 9, 1935, ch. 498, §1, 49 Stat. 548 ; Sept. 18, 1940, ch. 722, §20(c)(2), 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 .
10306(f)	49:17 (note).	Feb. 5, 1976, Pub. L. 94–210, §305(e), 90 Stat. 54 .

In subsections (a)–(e), the first sentence of 49:17(3) is omitted as surplus. The words "The Commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, or before any division, individual Commissioner, or board, including forms of notice and service thereof" in 49:17(3) (5th sentence) are omitted as unnecessary in view of section 10321 of the revised title. The last sentence of 49:17(3) is omitted as unnecessary in view of section 10301(d) of the revised title and subsection (e) of this section. The words "individual admitted to practice under section 10308 of this title" are substituted for "attorney" for consistency in view of section 10308. The words "shall be recorded" are substituted for "shall be entered of record" in 49:17(3) for clarity. The words "transportation by any mode" are substituted for "any motor carrier or in any carrier by railroad, water, or other form of transportation" in 49:305 for clarity.

In subsection (f), the words "at least" are substituted for "not less than" for clarity and consistency. The word "periodically" is omitted as surplus. The words "section 305(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (90 Stat. 53)" are substituted for "subsection (c) of this section" for clarity in view of the restatement.

References in Text

Section 305(c) of the Railroad Revitalization and Regulatory Reform Act of 1976 (90 Stat. 53), referred to in subsec. (f), is Pub. L. 94–210, title III, §305(c), Feb. 5, 1976, 90 Stat. 53 , and was repealed by Pub. L. 95–473, §4(b), Oct. 17, 1978, 92 Stat. 1466 .

¹ See References in Text note below.