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7 U.S.C. § 217 — Proceedings for suspension of orders
Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter, the provisions of all laws relating to the suspending or restraining the enforcement, operation, or execution of, or the setting aside in whole or in part the orders of the Interstate Commerce Commission, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this subchapter, and to any person subject to the provisions of this subchapter.
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Source file: Laws/federal/codes/united-states-code/title-7/section-217-proceedings-for-suspension-of-orders--3132c1c383.md
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Source location: Title 7, Chapter 9, § 217; chapter-009-packers-and-stockyards.md
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For the purposes of this subchapter, the provisions of all laws relating to the suspending or restraining the enforcement, operation, or execution of, or the setting aside in whole or in part the orders of the Interstate Commerce Commission, are made applicable to the jurisdiction, powers, and duties of the Secretary in enforcing the provisions of this subchapter, and to any person subject to the provisions of this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided by law, any party may appeal to the Supreme Court from an order granting or denying, after notice and hearing, an interlocutory or permanent injunction in any civil action, suit or proceeding required by any Act of Congress to be heard and determined by a district court of three judges.
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Federal law — U.S. Code and appendices · legal_authorities
Page 345
TITLE 7—AGRICULTURE
§ 217
sion basis or otherwise, feeding, watering, hold-
ing, delivery, shipment, weighing, or handling of
livestock.
(b) Whenever complaint is made to the Sec-
retary by any person, or whenever the Secretary
has reason to believe, that any stockyard owner,
market agency, or dealer is violating the provi-
sions of subsection (a), the Secretary after no-
tice and full hearing may make an order that he
shall cease and desist from continuing such vio-
lation to the extent that the Secretary finds
that it does or will exist. The Secretary may
also assess a civil penalty of not more than
$10,000 for each such violation. In determining
the amount of the civil penalty to be assessed
under this section, the Secretary shall consider
the gravity of the offense, the size of the busi-
ness involved, and the effect of the penalty on
the person’s ability to continue in business. If,
after the lapse of the period allowed for appeal
or after the affirmance of such penalty, the per-
son against whom the civil penalty is assessed
fails to pay such penalty, the Secretary may
refer the matter to the Attorney General who
may recover such penalty by an action in the
appropriate district court of the United States.
(Aug. 15, 1921, ch. 64, title III, § 312, 42 Stat. 167;
Pub. L. 85–909, § 2(5), Sept. 2, 1958, 72 Stat. 1750;
Pub. L. 90–446, § 1(e), July 31, 1968, 82 Stat. 475;
Pub. L. 94–410, § 3, Sept. 13, 1976, 90 Stat. 1249.)
Editorial Notes
AMENDMENTS
1976—Subsec. (a). Pub. L. 94–410, § 3(a), (c), struck out
‘‘in commerce’’ after ‘‘or handling’’ and substituted
‘‘livestock’’ for ‘‘live stock’’.
Subsec. (b). Pub. L. 94–410, § 3(b), inserted provisions
dealing with authority of Secretary to assess a civil
penalty for violations and, upo
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 217
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