15 U.S.C. § 3058
Review of final decisions of the Authority
United States · Title 15 — COMMERCE AND TRADE · Status: effective
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- Citation
- 15 U.S.C. § 3058, Review of final decisions of the Authority, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/441733
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Full text
If the Authority imposes a final civil sanction for a violation committed by a covered person pursuant to the rules or standards of the Authority, the Authority shall promptly submit to the Commission notice of the civil sanction in such form as the Commission may require.
With respect to a final civil sanction imposed by the Authority, on application by the Commission or a person aggrieved by the civil sanction filed not later than 30 days after the date on which notice under subsection (a) is submitted, the civil sanction shall be subject to de novo review by an administrative law judge.
In matters reviewed under this subsection, the administrative law judge shall determine whether—
An administrative law judge shall conduct a hearing under this subsection in such a manner as the Commission may specify by rule, which shall conform to section 556 of title 5.
With respect to a matter reviewed under this subsection, an administrative law judge—
A decision under this paragraph shall constitute the decision of the Commission without further proceedings unless a notice or an application for review is timely filed under subsection (c).
The Commission may, on its own motion, review any decision of an administrative law judge issued under subsection (b)(3) by providing written notice to the Authority and any interested party not later than 30 days after the date on which the administrative law judge issues the decision.
The Authority or a person aggrieved by a decision issued under subsection (b)(3) may petition the Commission for review of such decision by filing an application for review not later than 30 days after the date on which the administrative law judge issues the decision.
If an application for review under subparagraph (A) is denied, the decision of the administrative law judge shall constitute the decision of the Commission without further proceedings.
A decision with respect to whether to grant an application for review under subparagraph (A) is subject to the discretion of the Commission.
In determining whether to grant such an application for review, the Commission shall consider whether the application makes a reasonable showing that—
the decision involved—
In matters reviewed under this subsection, the Commission may—
The Commission shall review de novo the factual findings and conclusions of law made by the administrative law judge.
The Commission may, on its own motion, allow the consideration of additional evidence.
A party may file a motion to consider additional evidence at any time before the issuance of a decision by the Commission, which shall show, with particularity, that—
The Commission may—
Review by an administrative law judge or the Commission under this section shall not operate as a stay of a final civil sanction of the Authority unless the administrative law judge or Commission orders such a stay.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Consolidated Appropriations Act, 2021House: no recorded tallySenate: no recorded tally