U.S. Code » Title 46 » Subtitle Subtitle IV— Regulation of Ocean Shipping › Part Part A— Ocean Shipping › Chapter CHAPTER 413— ENFORCEMENT

46 U.S.C. § 41304

Hearings and orders

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(a)Opportunity for Hearing.—The Federal Maritime Commission shall provide an opportunity for a hearing before issuing an order relating to a violation of this part or a regulation prescribed under this part.(b)Modification of Order.—The Commission may reverse, suspend, or modify any of its orders.(c)Rehearing.—On application of a party to a proceeding, the Commission may grant a rehearing of the same or any matter determined in the proceeding. Except by order of the Commission, a rehearing does not operate as a stay of an order.(d)Period of Effectiveness.—An order of the Commission remains in effect for the period specified in the order or until suspended, modified, or set aside by the Commission or a court of competent jurisdiction.(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

41304(a)

46 App.:1713(a) (1st sentence).

Pub. L. 98–237, § 14(a), (b), Mar. 20, 1984, 98 Stat. 83.

41304(b)

46 App.:1713(b) (1st sentence 1st–12th words).

41304(c)

46 App.:1713(b) (1st sentence 13th–last words, last sentence).

41304(d)

46 App.:1713(a) (last sentence).

In subsection (a), the words “upon sworn complaint or on its own motion” are omitted as unnecessary.

Notes of Decisions
Cited in 2 cases, 2014–2015 · leading case: MAVL Capital, Inc. v. Marine Transp. Logistics, Inc., 130 F. Supp. 3d 726 (E.D.N.Y 2015).
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MAVL Capital, Inc. v. Marine Transp. Logistics, Inc., 130 F. Supp. 3d 726 (E.D.N.Y 2015). “, § 41302 (the FMC may investigate suspected violations of the Shipping Act on complaint or its own motion); 46 U.S.C. § 41304 (before assessing penalties, the FMC shall provide an opportunity for a.”
Chief Cargo Servs., Inc. v. Fed. Mar. Comm'n, 586 F. App'x 730 (2d Cir. 2014). “See 46 U.S.C. § 41304 (b), (c) (stating that FMC may "reverse, suspend, or modify any of its orders,” and at party’s request "grant a rehearing of the same or any matter determined in the proceeding”).”
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