§10327. Commission action and appellate procedure in rail carrier proceedings
(a) This section applies to a matter before the Interstate Commerce Commission involving a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title. However, other sections of this subtitle related to action of the Commission in proceedings involving rail carriers supersede this section to the extent that they are inconsistent with the provisions of this section related to deadlines.
(b) A division, individual Commissioner, employee board, or employee delegated under section 10305 of this title to make an initial decision in a matter related to one of those rail carriers shall complete all evidentiary proceedings related to the matter by the 180th day after assignment of the matter. The initial decision shall be submitted to the Commission in writing. If evidence is submitted in writing or testimony is taken at a public hearing, the initial decision shall be submitted to the Commission in writing by the 120th day after completion of all evidentiary proceedings and shall include-
(1) specific findings of fact;
(2) specific and separate conclusions of law;
(3) an order; and
(4) justification of the findings of fact, conclusions of law, and order.
(c) The Commission, or a division designated by the Commission, may void the requirement of an initial decision under subsection (b) of this section and may require the matter to be considered by the Commission or that 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 it is required for the timely execution of its functions.
(d) In a proceeding under this section, after the parties have had at least an opportunity to submit evidence in written form, the Commission shall give them an opportunity for briefs, written statements, or conferences of the parties. A conference of the parties must be chaired by a division, an individual Commissioner, an employee board, an employee delegated to act under section 10305 of this title, or an employee designated by the Commission.
(e) Copies of an initial decision under subsection (b) of this section shall be served on the interested parties. An initial decision becomes an action of the Commission 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 by the end of an additional period of not more than 20 days, if authorized by the Commission or division designated by the Commission; or
(2) the Commission stays or postpones the initial decision under subsection (g)(2) or (j) of this section within the period or additional period referred to in clause (1) of this subsection.
(f)(1) Before an initial decision becomes an action of the Commission, the Commission, or a division or board designated by the Commission, may review the initial decision on its own initiative, and shall review an initial decision if an appeal is filed under subsection (e)(1) of this section. However, a board may not decide an appeal from an initial decision if the appeal may be further appealed to the Commission.
(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 is an action of the Commission only after the final determination is made. If an appeal is filed under subsection (e)(1) of this section, the final determination shall be made by the 180th day after the appeal is filed.
(3) Review of, or appeal from, an initial decision shall be conducted under section 557 of title 5. The Commission may prescribe rules limiting and defining the issues and pleadings on review under section 557(b) of that title.
(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 designated by the Commission if it finds that-
(A) the action involves 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.
(h) An action of the Commission under this section and an action of a designated division under subsection (c) of this section is effective on the 30th day after service on the parties to the proceeding unless the Commission provides for it to become effective on an earlier date.
(i) Notwithstanding this subtitle, an action of the Commission under this section and an action of a designated division under subsection (c) of this section is final on the date on which it is served, and a civil action to enforce, enjoin, suspend, or set aside the action may be filed after that date.
(j) The Commission may extend a time period established by this section for a period of not more than 90 days. The extension shall be granted if a majority of the Commissioners agree to it by public vote.
(k) If an extension granted under subsection (j) of this section is not sufficient to allow for completion of necessary proceedings, the Commission may grant a further extension in an extraordinary situation if-
(1) a majority of the Commissioners agree to the further extension by public vote; and
(2) not later than the 15th day before expiration of the extension granted under subsection (j) of this section, the Commission submits a written report to the Congress that a further extension has been granted. The report shall include-
(A) a full explanation of the reasons for the further extension;
(B) the anticipated duration of the further extension;
(C) the issues involved in the matter before the Commission; and
(D) the names of personnel of the Commission working on the matter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10327(a) | 49:17(9)(i). | Feb. 4, 1887, ch. 104, |
| 10327(b) | 49:17(9)(b) (1st sentence). | |
| 10327(c) | 49:17(9)(b) (2d sentence). | |
| 10327(d) | 49:17(9)(a). | |
| 10327(e) | 49:17(9)(b) (less 1st and 2d sentences). | |
| 10327(f) | 49:17(9)(c). | |
| 10327(g)(1) | 49:17(9)(g). | |
| 10327(g)(2) | 49:17(9)(d) (less 1st sentence). | |
| 10327(h) | 49:17(9)(d) (1st sentence). | |
| 10327(i) | 49:17(9)(h). | |
| 10327(j) | 49:17(9)(e). | |
| 10327(k) | 49:17(9)(f). |
The section restates the source provision for clarity.
In subsections (b) and (d), the words "employee delegated under section 10305 of this title" are substituted for "an administrative law judge" for consistency because the delegation under that section may be made only to an administrative law judge.
In subsection (d), the word "section" is substituted for "chapter" for consistency since 49:17(9) by its own term applies only to matters involving rail carriers. See also, Report of the Committee on Conference (S. Rep. 94–595, 94th Cong.), 162.
In subsection (g)(1), the word "change" is substituted for "reverse, change, or modify" to eliminate redundancy. The words "for leave to request reopening" are omitted as surplus.
In subsection (i), the word "section" is substituted for "paragraph" to conform the subsection to the remainder of the section. The words "in a court of the United States pursuant to the provisions of law which are applicable to suits to enforce, enjoin, suspend, or set aside orders of the Commission" are omitted as surplus in view of the jurisdictional language of chapters 157 and 158 of title 28.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10327(k)(1) | 49:17(9)(f)(i). | Nov. 8, 1978,
|
Amendments
1982-Subsec. (j).
1980-Subsec. (a).
Subsec. (k)(1).
Section Referred to in Other Sections
This section is referred to in sections 10324, 11345 of this title.