§10328. Intervention

(a) Designated representatives of employees of a carrier may intervene and be heard in a proceeding arising under this subtitle that affects those employees.

(b)(1) Under regulations of the Interstate Commerce Commission, reasonable notice of, and an opportunity to intervene and participate in, a proceeding under this subtitle related to transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title shall be given to interested persons.

(2) The Commission may adopt, after a rulemaking proceeding in accordance with the provisions of section 553 of title 5, a special procedure for providing interested parties reasonable notice of applications to provide transportation as a motor or water common or contract carrier or household goods freight forwarder, or to be a broker for transportation, under sections 10922, 10923, 10924, and 10928 of this title, or applications for removal of operating restrictions under section 10922 of this title. The special procedure may consist of printing and distributing to subscribers an independent publication to provide notice of such applications, if the Commission finds, as a result of its rulemaking proceedings, that such method of providing notice would not be unduly burdensome to the public.

( Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1350 ; Pub. L. 97–261, §28(b), Sept. 20, 1982, 96 Stat. 1128 ; Pub. L. 99–521, §5(a), Oct. 22, 1986, 100 Stat. 2994 .)

In subsection (a), the words "this chapter and chapters 8 and 12 of this title" from 49:17(12) are omitted as surplus.

Subsection (b) restates the source provision for clarity and for consistency in view of section 10342(b) of the revised title. The words "an opportunity to intervene and participate in" are substituted for "opportunity for intervention in any such proceeding for the purpose of making representations to the Commission or for participating in a hearing, if a hearing is held, shall be afforded" as being more inclusive and for clarity in view of the restatement. The word "persons" is substituted for "parties" as being more accurate.

Amendments

1986-Subsec. (b)(2). Pub. L. 99–521 inserted "household goods" before "freight forwarder".

1982-Subsec. (b). Pub. L. 97–261 redesignated existing provisions as par. (1), struck out "that is, or is proposed to be, provided in a State" after "chapter 105 of this title", struck out provision that notice of a proceeding was to be given to the authority in the State having jurisdiction to regulate intrastate motor vehicle commerce therein, or if there were no such authority, to the State's chief executive officer, and added par. (2).

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–521 effective 60 days after Oct. 22, 1986, see section 15 of Pub. L. 99–521, set out as a note under section 10102 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 section 11344 of this title.