may grant or automatically Commission takes action thereon within 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 unless of the Commission shall be brought by any person unless such person shall have made application to the 30 days. Commission for a rehearing thereon. Until the record in a proceeding shall have been filed in a court of appeals, as provided in subsection (b), the Commission 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." [49 Stat. 860; 72 Stat. 947; 16 U.S.C. 8251 (a)] (b) Any party to a proceeding under this Act aggrieved by an order issued by the Commission in such proceeding may obtain a review of such order in the 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 court, within sixty days after the order of the Commission upon the application for rehearing, a written petition praying that the order of the Commission be modified or set aside in whole or in part. A copy of such petition shall forthwith be transmitted by the clerk of the court to any member of the Commission and thereupon the Commission shall file with the court the record upon which the order complained of was entered, as provided in section 2112 of title 28, United 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, Application must precede court review of for rehearing application for order. Review of Comby Circuit Appeals. mission orders Court of view must be Petition for refiled within 60 nial of applicarehearing. days after de tion for Service of copy of petition on required. pared by Com Record pre mission and fled with Court. 5 The Act of Aug. 28, 1958 (72 Stat. 941 at 947) added the last sentence to subsection (a) and, in the second sentence of subsection (b), substituted "transmitted by the clerk of the court to" for "served upon", substituted "file with the court" for "certify and file with the court a transcript of", inserted "as provided in section 2112 of title 28, United States Code", and, in the third sentence, substituted "jurisdiction, which upon the filing of the record with it shall be exclusive" for "exclusive jurisdiction." • Circuit Court of Appeals of the United States was redesignated "United States Court of Appeals" by Act of June 25, 1948, 62 Stat. 870. 7 See Abbreviated Records on Review, p. 174. Upon filing of transcript Court has exclusive jurisdiction to affirm, modify, or set aside Com mission order. urged before Commission shall be considered by Court. Findings of fact supported by substantial evidence are conclusive. or set aside order in whole or in part. No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission in the application for rehearing Only objections unless there is reasonable ground for failure so to do. The finding of the Commission as to the facts, if supported by substantial evidence, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were unreasonable grounds for failure to adduce such evidence in the proceedings before the Commission, the court may order such additional evidence to be taken before the Commission and to be adduced upon the hearing in such manner and upon such terms and conditions as to the court may seem proper. The Comfindings by rea- mission may modify its findings as to the facts by reason of additional evidence so taken, and it shall file with the court such modified or new findings which, if sup Additional evidence may be adduced before Commission upon leave of Court. Commission may modify its son of such evidence. findings to be filed with Court. shall be final subject to review by Supreme Court. Modified or new ported by substantial evidence, shall be conclusive, and its recommendation, if any, for the modification or decree of Court setting aside of the original order. The judgment and decree of the court, affirming, modifying, or setting aside, in whole or in part, any such order of the Commission, shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (U.S.C., title 28, secs. 346 and 347). [49 Stat. 860-861; 16 U.S.C. 8251(b)] Order of Commission is not stayed by application for re (c) The filing of an application for rehearing under subsection (a) shall not, unless specifically ordered by the Commission, operate as a stay of the Commission's order. The commencement of proceedings under hearing or peti- subsection (b) of this section shall not, unless specifically ordered by the court, operate as a stay of the Commission's order. [49 Stat. 861; 16 U.S.C. 8251 (c)] tion for review. Violation of provisions of act, or of rules, regulations, or orders thereunder may be enjoined by action in District Court. ENFORCEMENT OF ACT, REGULATIONS AND ORDERS SEC. 314. (a) Whenever it shall appear to the Commission that any person is engaged or about to engage in any acts or practices which constitute or will con * Title 28 of the United States Code was enacted into positive law by Act of June 25, 1948, 62 Stat. 869. Sections 239 and 240 of the Judicial Code (28 U.S.C. 346 and 347) were repealed and were replaced by 28 U.S.C. 1254 (62 Stat. 928, 996). 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 decree 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 institute the necessary criminal proceedings under this Act. [49 Stat. 861; 16 U.S.C. 825m (a)] 9 (b) Upon application of the Commission the district courts of the United States, the Supreme Court of the District of Columbia, and the United States court of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction to issue writs of mandamus commanding any person to comply with the provision of this Act or any rule, regulation, or order of the Commission thereunder. [49 Stat. 861; 16 U.S.C. 825m (b)] (c) The Commission 10 may employ such attorneys. as it finds necessary for proper legal aid and service of the Commission or its member in the conduct of their work, or for proper representation of the public interests in investigations made by it or cases or proceedings 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. [49 Stat. 861; 16 U.S.C. 825m (c)] GENERAL FORFEITURE PROVISION; VENUE SEC. 315. (a) Any licensee or public utility which willfully fails, within the time prescribed by the Commission, to comply with any order of the Commission, • Supreme Court of District of Columbia was redesignated as "District Court of the United States for the District of Columbia" by Act of June 25, 1936, 49 Stat. 1921. 10 See Reorganization Plan No. 9 on p. 155. 598-059 - 75-5 Forfeiture for willful failure to respond to subpena. 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 hearing or investigation in response to a subpoena issued under this Act, shall forfeit to the United States an 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 but such forfeiture shall be in addition to any such other penalties. penalty. [49 Stat. 861–862; 16 U.S.C. 825n (a)] Forfeitures are in addition to Forfeitures payable into Treasury. Forfeitures recoverable in civil suit. District attorneys to prosecute for recovery of forfeitures. Costs and expenses of prosecution. Willful-violation of act punishable by fine and imprisonment. Willful violation of rules, regulations, orders, etc., promulgated under Act punishable by fine. (b) The forfeitures provided for in this Act shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the 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. It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures under this Act. The costs and expenses of such prosecution shall be paid from the appropriations for the expenses of the courts of the United States. [49 Stat. 862; 16 U.S.C. 825n (b)] GENERAL PENALTIES 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. [49 Stat. 862; 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 tion of rules, imposed by Sec Army punish Secretary of the Army 11 under authority of Part I Willful violaof this Act shall, in addition to any other penalties and regulations provided by law, be punished upon conviction thereof retary of the by a fine of not exceeding $500 for each and every day during which such offense occurs. [49 Stat. 862; 16 U.S.C. 8250 (b)] JURISDICTION OF OFFENSES; ENFORCEMENT OF LIABILITIES AND DUTIES able by fine. over offenses provisions of regulations, or ders, etc., prounder. mulgated there SEC. 317. The District Courts of the United States, the Supreme Court of the District of Columbia,12 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 violative of Act or the rules, regulations, and orders thereunder, act or of rules, and of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin 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 or 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 such district or in the district wherein the defendant is an inhabitant, and process in such cases may be 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 Code, as amended (U.S.C., title 28, secs. 225 and 347). No costs shall be assessed against the Commission in any judicial proceeding by or against the Commission under this Act. [49 Stat. 862; 16 U.S.C. 825p] CONFLICT OF JURISDICTION have exclusive Venue in crim inal proceedings. Venue in civil cases. Judgments and decrees subject to review as Judicial Code. Costs cannot be provided by assigned against Commission. risdiction. SEC. 318. If, with respect to the issue, sale, or guaranty Conflict of juof 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 requirement of the Public Utility Holding Company Act of Holding Com 11 See footnote 9 on p. 9. 13 See footnote 9 on p. 57. Public Utility pany Act. |