§10324. Commission action

(a) Unless otherwise provided in this subtitle, the Interstate Commerce Commission may determine, within a reasonable time, when its actions, other than an action ordering the payment of money, take effect.

(b) An action of the Commission remains in effect under its own terms or until superseded. The Commission may change, suspend, or set aside any such action on notice. Notice may be given in a manner determined by the Commission. A court of competent jurisdiction may suspend or set aside any such action.

(c) An action of the Commission under section 10327 of this title is enforceable, unless the Commission stays or postpones such action.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1347 ; Pub. L. 96–258, §1(1), June 3, 1980, 94 Stat. 425 ; Pub. L. 96–296, §25(c), July 1, 1980, 94 Stat. 818 .)

In subsection (b), the word "change" is substituted for "modify" for consistency.

In subsection (c), the words "made in accordance with the provisions of this section and the rules and regulations of the Commission" are omitted as surplus because of the reference to section 10323 of the revised title governing applications for rehearing, reargument, and reconsideration, and since the power to prescribe regulations is stated in section 10321 of the revised title. The words "is enforceable" are substituted for "pending disposition of the matter by the Commission or appellate division; but otherwise the making of such an application shall not excuse any person from complying with or obeying the decision, order, or requirement, or operate to stay or postpone the enforcement thereof" to eliminate surplus words and for clarity. The subsection is made generally applicable to all Commission action because of section 705 of title 5.

Pub. L. 96–258

This amends section 10324(c) by making a technical change to conform to the source provisions and make clear that a stay or postponement is automatic on the filing of an application for rehearing, reargument, or reconsideration only when the initial decision is made by a decision maker other than the full Commission. The words "before the initial decision becomes an action of the Commission" are substituted for "the decision . . . has not yet become effective" in the source provision for clarity and to conform to sections 10322 and 10323 of title 49. The words "order, or requirement" are omitted as covered by "decision".

Explanation of Senate Amendments

Section 1(1) of the bill amends section 10324(c) of title 49, United States Code. The amendment mistakenly used the adjective "initial" in reference to an administrative decision. Secondly, the words "an action of the Commission" were inadvertently substituted for the word "effective". Finally, the words "those sections" [in section 2 of the bill] were inadvertently substituted for the words "that section". These amendments correct the errors in the House passed bill and ensure that the codification conforms to the underlying source laws.

Amendments

1980-Subsec. (a). Pub. L. 96–296, §25(c)(1), struck out provision that an action of the Commission in a proceeding involving a motor carrier, a broker, a water carrier, or freight forwarder not take effect for 30 days.

Subsec. (c). Pub. L. 96–296, §25(c)(2), substituted provision making an action by the Commission under section 10327 of this title enforceable unless the Commission stays or postpones it for provision making an action by the Commission enforceable unless application for rehearing, reargument, or reconsideration was made under section 10323 of this title before the effective date of the action or the Commission stayed or postponed it.

Pub. L. 96–258 amended subsec. (c) generally, substituting provisions requiring the Commission to stay or postpone a decision made by a division, an individual Commissioner, a board, or an employee if an application for rehearing, reargument, or reconsideration is made under section 10323 of this title before the decision becomes effective and providing that a stay or postponement is effective until the Commission or appellate division disposes of the matter for provisions providing that an action of the Commission is enforceable unless application for rehearing, reargument, or reconsideration is made under section 10323 of this title before the effective date of the action.