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such application the Commission shall have power to grant or deny rehearing or to abrogate or modify its Commission order without further hearing. Unless the Commission deny appliacts upon the application for rehearing within thirty days after it is filed, such application may be deemed Application to have been denied. No proceeding to review any orders denied unleas of the Commission shall be brought by any person thereon within unless such person shall have made application to the 30 days. Commission for a rehearing thereon. Until the record Application in a proceeding shall have been filed in a court of must precede appeals, as provided in subsection (b), the Commission court review of may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it under the provisions of this act. (16 U.S.C. 8251(a)]

(b) Any party to a proceeding under this Act Review of Comaggrieved by an order issued by the Commission in such by Circuit proceeding may obtain a review of such order in the Appeals. Circuit Court of Appeals of the United States for any circuit wherein the licensee or public utility to which the order relates is located or has its principal place of business, or in the United States Court of Appeals for the District of Columbia, by filing in such Petition for recourt, within sixty days after the order of the Com- Aled within 60 mission upon the application for rehearing, a written blol of applicapetition praying that the order of the Commission be rebearing. modified or set aside in whole or in part. A copy of such petition shall forth with be transmitted by the Service of copy clerk of the court to any member of the Commission Commission and thereupon the Commission shall file with the court the record upon which the order complained of was paredes com

Record preentered, as provided in section 2112 of title 28, United ned with

Court. States Code. Upon the filing of such petition such court shall have jurisdiction, which upon the filing of the record with it shall be exclusive, to affirm, modify,

mission and

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Upon Aling of or set aside order in whole or in part. No objection transcript Court bas er to the order of the Commission shall be considered by clusive Jurisdiction to al the court unless such objection shall have been urged Arm, modify, or set aside Com- before the Commission in the application for rehearing mission order. Only objections unless there is reasonable ground for failure so to do. urged before Commission The finding of the Commission as to the facts, if supsball be considered by

ported by substantial evidence, shall be conclusive. If Court. Modlogs of

any party shall apply to the court for leave to adduce fact supported additional evidence, and shall show to the satisfaction by substantial evidence are of the court that such additional evidence is material conclusive.

and that there were unreasonable grounds for failure to Additional evt. dence may be adduco such evidence in the proceedings before the Comadduced before Commission mission, the court may order such additional evidence to upon leave of Court.

be taken before the Commission and to be adduced upon

the hearing in such manner and upon such terms and Commission conditions as to the court may seem proper. The Commay modity its lodtoga by reg: mission may modify its findings as to the facts by reason

such dence.

of additional evidence so taken, and it shall file with the

court such modified or new findings which, if supModified or new ported by substantial evidence, shall be conclusive, and

be Aled with Court.

its recommendation, if any, for the modification or decree of Court setting aside of the original order. The judgment and shall be goal

decree of the court, affirming, modifying, or setting subject to revler by Su

aside, in whole or in part, any such order of the preme Court.

Commission, shall be final, subject to review by the Supreme Court of the United States upon certiorari or cortification as provided in sections 239 and 240 of the Judicial Code, as amended (U.S.C., title 28, secs. 346 and 347). [16 U.S.C. 8251(b)]

(c) The filing of an application for rehearing under

subsection (a) shall not, unless specifically ordered Order of Com

by the Commission, operate as a stay of the Commismission is not stayed by ap- sion's order. The commencement of proceedings under plication for rebearing or peti subsection (b) of this section shall not, unless specifition for review.

cally ordered by the court, operate as a stay of the

Commission's order. [16 U.S.C. 8251(c)] Vlolation of provisions of

ENFORCEMENT OF ACT, REGULATIONS AND ORDERS act, or of rules, regulations, or Sec. 314. (a) Whenever it shall appear to the Comorders thereunder may be mission that any person is engaged or about to engage enjolned by action in District in any acts or practices which constitute or will conCourt.

stitute a violation of the provisions of this Act, or of any rule, regulation, or order thereunder, it may in its discretion bring an action in the proper District Court of the United States, the Supreme Court of the District of Columbia, or the United States courts of any Territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices and to enforce compliance with this Act or any rule, regulation, or order thereunder, and upon a proper showing a permanent or temporary injunction or decreo or restraining order shall be granted without bond. The Commission may transmit such evidence as may be available concerning such acts or practices to the Attorney General, who, in his discretion, may eat may be re

Attorney institute the necessary criminal proceedings under this quested to lo

stitute criminal Act. [16 U.S.C. 825m(a) ]

proceedings. (b) Upon application of the Commission the district courts of the United States, the Supreme Court of District courts, the District of Columbia, and the United States court this to com

mission, may of any Territory or other place subject to the juris- mandamus

of diction of the United States shall have jurisdiction personas de coser to issue writs of mandamus commanding any person or rules and

ply with the act to comply with the provision of this Act or any rule, orders. regulation, or order of the Commission thereunder. [16 U.S.C. 825m (b)]

(c) The Commission may employ such attorneys as it finds necessary for proper legal aid and service Commission

may employ at. of the Commission or its member in the conduct of torneys for

proper legal ald their work, or for proper representation of the public tons er terepinterests in investigations made by it or cases or pro- court.

resent it 10 ceedings pending before it, whether at the Commission's own instance or upon complaint, or to appear for or represent the Commission in any case in court; and the expenses of such employment shall be paid out of the appropriation for the Commission. [16 U.S.C. 825m(c)]

to

in investiga

GENERAL FORFEITURE PROVISION; VENUE

Fortelture for

willful fallure Sec. 315. (a) Any licensee or public utility which to dle reports,

submit docu. willfully fails, within the time prescribed by the Com- ments, or infor

the mission, to comply with any order of the Commission, course of any

investigation.

to respond to

to file any report required under this Act or any rule or regulation of the Commission thereunder, to submit any information or document required by the Commission in the course of an investigation conducted under

this Act, or to appear by an officer or agent at any Forfelture for hearing or investigation in response to a subpena issued willul fallure

under this Act, shall forfeit to the United States an subpeda.

amount not exceeding $1,000 to be fixed by the Commission after notice and opportunity for hearing. The imposition or payment of any such forfeiture shall

not bar or affect any penalty prescribed in this Act Porfeltures are but such forfeiture shall be in addition to any such other penalties. penalty. (16 U.S.C. 825n(a)] Forteltures

(b) The forfeitures provided for in this Act shall payable loto Treasury. be payable into the Treasury of the United States and Forleitures re- shall be recoverable in a civil suit in the name of the civil sult.

United States, brought in the district where the person is an inhabitant or has his principal place of business, or if a licensee or public utility, in any district in

which such licensee or public utility transacts business. District attor- It shall be the duty of the various district attorneys,

under the direction of the Attorney General of the covery of forfeltures. United States, to prosecute for the recovery of

forfeitures under this Act. The costs and expenses of Costs and es such prosecution shall be paid from the appropriations

for the expenses of the courts of the United States. [16 U.S.C. 825n(b)]

coverable in

neys to prosecute for re

penses of prosecution.

GENERAL PENALTIES

willful-blolation of act punishable by fine and imprison ment.

Sec. 316. (a) Any person who willfully and knowingly does or causes or suffers to be done any act, matter, or thing in this Act prohibited or declared to be unlawful, or who willfully and knowingly omits or fails to do any act, matter, or thing in this Act required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both. [16 U.S.C. 8250 (a)]

(b) Any person who willfully and knowingly violates any rule, regulation, restriction, condition, or order made or imposed by the Commission under authority of this Act, or any rule or regulation imposed by the

wulful viola. tion of rules, regulations, orders, etc., promulgated uoder Act pun 1shable by one.

Secretary of the Army " under authority of Part I meul Holaof this Act shall, in addition to any other penalties imposed bat see provided by law, be punished upon conviction thereof retary of the by a fine of not exceeding $500 for each and every able bý dne. day during which such offense occurs. [16 U.S.C. 8250 (b) ]

JURISDICTION OF OFFENBES; ENFORCEMENT OF

LIABILITIES AND DUTIF8 Sec. 317. The District Courts of the United States, the Supreme Court of the District of Columbia," and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall Jurisdiction have exclusive jurisdiction of violations of this volative of Act or the rules, regulations, and orders thereunder, act or of rules, and of all suits in equity and actions at law brought deriretea proto enforce any liability or duty created by, or to enjoin under. any violation of, this Act or any rule, regulation, or order thereunder. Any criminal proceeding shall be brought in the district wherein any act or transaction constituting the violation occurred. Any suit action to enforce any liability or duty created by, District courts or to enjoin any violation of, this Act or any rule, jurisdiction. regulation, or order thereunder may be brought in any Venue in crim

proceedsuch district or in the district wherein the defendant 1pg8. is an inhabitant, and process in such cases may be cases. served wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided. in sections 128 and 240 of the Judicial Judgments and

decrees subject Code, as amended (U.S.C., title 28, secs. 225 and 347). to review as No costs shall be assessed against the Commission in Sudicial Code. any judicial proceeding by or against the Commission Costs cannot be under this Act. (16 U.S.C. 825p]

or

Venue io civil

assigned against Com mission.

CONFLICT OF JURISDICTION

Sec. 318. If, with respect to the issue, sale, or guaranty Conflict of ju

risdiction. of a security, or assumption of obligation or liability in respect of a security, the method of keeping accounts, the filing of reports, or the acquisition or disposition of any security, capital assets, facilities, or any other. subject matter, any person is subject both to a require- Public Utility ment of the Public Utility Holding Company Act of Bolding Com

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