§10322. Commission action and appellate procedure in non-rail proceedings

(a) This section applies to a matter before the Interstate Commerce Commission over which the Commission has jurisdiction under chapter 105 of this title, other than a matter involving a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of such chapter, or section 10934 or 11501(e). The deadlines set forth in this section do not apply to the following sections of this title: 10525(c), 10530, 10708(b), 10708(f), 10922(i)(2),¹ 10922(i)(4),¹ 10928, 10934(c), 10935, 11345a, and 11701(c). In addition, the deadlines set forth in this section do not apply to any application filed under section 10922(c)(2)(A) ¹ of this title for authority to provide regular-route transportation entirely in one State as a motor common carrier of passengers.

(b)(1) Except as provided in paragraph (2) of this subsection, a division, individual commissioner, employee board, or an employee delegated under section 10305 of this title to make an initial decision in a matter related to a carrier (other than a rail carrier), or, in the case of a matter referred to a joint board under section 10341 of this title, such joint board-

(A) shall, in any case in which an oral hearing is held or the Commission has found that an issue of general transportation importance is involved, complete all evidentiary proceedings related to the matter not later than the 180th day following institution of the proceeding and shall issue in writing the initial decision not later than the 270th day following institution of the proceeding; and

(B) shall, in the case of all other proceedings subject to this section, issue in writing the initial decision by the 180th day following institution of the proceeding.

If evidence is submitted in writing or testimony is taken at an oral hearing, the initial decision shall include specific findings of fact, specific and separate conclusions of law, an order, and justification for the findings of fact, conclusions of law, and order.

(2) In any case involving an application for authority to provide motor carrier transportation incidental to trailer-on-flatcar or container-on-flatcar service by rail under subchapter II of chapter 109 of this subtitle, a final decision on such application shall be issued in writing not later than the 180th day following the date such application is filed with the Commission.

(3) At the earliest practicable time after the filing of an application for authority under subchapter II of chapter 109 of this title, the Commission shall publish notice of the filing of such application.

(c) The Commission, or a division designated by the Commission, may waive the requirement for an initial decision under subsection (b) of this section and may require the matter to be considered by the Commission or such 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 waiver of the initial decision is required for the timely execution of the Commission's functions. If the requirement for an initial decision is waived, a final decision shall be issued in writing within the time limit established for the issuance of the initial decision under subsection (b) of this section.

(d) In a proceeding under this section in which the parties have had at least an opportunity to submit evidence in written form, such parties shall have an opportunity to present arguments to the initial decisionmaker. The decisionmaker shall determine whether the arguments should be presented orally or in writing and may require that written arguments be submitted simultaneously with written submissions of evidence and that oral arguments be presented at an oral hearing. Upon issuance of an initial decision under this section, copies of such decision shall be served on the parties and submitted to the Commission.

(e) An initial decision under this section becomes a final decision 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, if authorized by the Commission or division designated by the Commission, by the end of an additional period of not more than 20 days; or

(2) the Commission stays or postpones under subsection (f)(1) of this section the initial decision not later than the 20th day following the date it is served on the parties.

(f)(1) Before an initial decision under this section becomes a final decision, the Commission or a division or an employee board designated by the Commission, may review the initial decision on its own initiative and shall review an initial decision if a timely appeal is filed under subsection (e) of this section.

(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 stayed pending final determination of the matter and it becomes a final decision only after the final determination is made. If a timely appeal is filed under subsection (e) of this section, the final determination shall be made not later than the 50th day after the appeal is filed. If an initial decision under this section is reviewed by the Commission or a division or an employee board designated by the Commission on its own initiative, the final decision shall be made not later than the 50th day after initiation of such review.

(3) Notwithstanding the provisions of paragraph (2) of this subsection, if an initial decision under this section is reviewed by further hearing, such review shall be completed, and a final decision made, not later than the 120th day following the date the further hearing is granted.

(4) Review of, or appeal from, an initial decision under this section shall be conducted under section 557 of title 5. The Commission may prescribe rules limiting and defining the issues and pleadings on review under subsection (b) of such section.

(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 the Commission under this paragraph under regulations of the Commission.

(2) The Commission may grant a rehearing, reargument, or reconsideration of an action of the Commission that was taken by a division or an employee board designated by the Commission if it finds that-

(A) the action involved a matter of general transportation importance; or

(B) the action would be affected materially because of clear and convincing new evidence or changed circumstances.

An interested party may petition for rehearing, reargument, or reconsideration of an action of the Commission under this paragraph under regulations of the Commission. The Commission may stay an action pending a final determination under this paragraph. The Commission shall complete reconsideration and take final action by the 120th day after the petition is granted.

(3) If the Commission initiates any action under paragraph (1) of this subsection, final disposition under such paragraph shall be made not later than the 120th day following the date action is initiated.

(h) A final decision under this section shall be effective on the date it is served on the parties, and a civil action to enforce, enjoin, suspend, or set aside the decision may be filed after that date.

(i) In extraordinary circumstances, the Commission may extend a time period established by this section, except that the total of all such extensions with respect to any matter subject to the provisions of this section shall not exceed 90 days.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1346 ; Pub. L. 96–296, §25(a), July 1, 1980, 94 Stat. 816 ; Pub. L. 96–454, §5(b), Oct. 15, 1980, 94 Stat. 2014 ; Pub. L. 97–261, §§6(e), 16(c), 17(b), 28(a), Sept. 20, 1982, 96 Stat. 1107 , 1117, 1119, 1128; Pub. L. 98–554, title II, §226(c)(1), Oct. 30, 1984, 98 Stat. 2851 ; Pub. L. 103–272, §5(m)(14), July 5, 1994, 108 Stat. 1377 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
10322	49:17(5).	Feb. 4, 1887, ch. 104, 24 Stat. 379 , §17(5); added 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 ; Sept. 14, 1961, Pub. L. 87–247, §1, 75 Stat. 517 .
	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 .

The section consolidates and restates the source provisions for clarity. The last sentence of 49:17(5) is omitted as unnecessary in view of section 10305 of the revised title. The words "initial decision" are substituted for "finding, report, or requirement" for consistency in view of subchapter II of chapter 5 of title 5.

References in Text

Sections 10922(i)(2), 10922(i)(4), and 10922(c)(2)(A) of this title, referred to in subsec. (a), were redesignated sections 10922(j)(2), 10922(j)(4), and 10922(d)(2)(A) of this title, respectively, by Pub. L. 103–311, title II, §207(a)(1), Aug. 26, 1994, 108 Stat. 1686 .

Amendments

1994-Subsec. (a). Pub. L. 103–272 substituted "title" for "subtitle" in two places.

1984-Subsec. (a). Pub. L. 98–554 inserted "10530," after "10525(c),".

1982-Subsec. (a). Pub. L. 97–261, §§6(e), 16(c), 17(b), inserted "or 11501(e)", substituted "10708(f), 10922(i)(2), 10922(i)(4)" for "10922(h)(2)", inserted "10935,", and inserted provision that the deadlines set forth in this section do not apply to any application filed under section 10922(c)(2)(A) of this subtitle for authority to provide regular-route transportation entirely in one State as a motor common carrier of passengers.

Subsec. (b)(3). Pub. L. 97–261, §28(a), struck out "in the Federal Register" after "shall publish".

1980-Subsec. (a). Pub. L. 96–454 inserted ", or section 10934" after "under subchapter I of such chapter" and "10934(c)," after "10928,".

Pub. L. 96–296 completely revised section by incorporating prior provisions of this section, relating to initial decisions in nonrail proceedings, provisions of former section 10323 of this title, relating to rehearing, reargument, and reconsideration in nonrail proceedings, and provisions of former section 10325 of this title, relating to judicial review in nonrail proceedings, into provision designed to streamline the Commission hearing and appellate procedure in nonrail proceedings by, among other things, eliminating multiple levels of appeals, establishing deadlines for Commission action at each stage of the decisionmaking process, and making final decisions effective on the date served on the parties.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–554 effective May 1, 1985, except as otherwise provided, see section 226(d) of Pub. L. 98–554, set out as an Effective Date note under section 10530 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–261 effective on 60th day after Sept. 20, 1982, see section 31(a) of Pub. L. 97–261, set out as a note under section 10101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 10343, 11345a of this title.

¹ See References in Text note below.