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15 U.S.C. § 715d — Enforcement of chapter

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 715d — Enforcement of chapter

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Source file: Laws/federal/codes/united-states-code/title-15/section-715d-enforcement-of-chapter--4cb51af079.md
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Source location: Title 15, Chapter 15A, § 715d; chapter-15a-interstate-transportation-of-petroleum-products.md

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**(a) Rules and regulations** The President shall prescribe such regulations as he finds necessary or appropriate for the enforcement of the provisions of this chapter, including but not limited to regulations requiring reports, maps, affidavits, and other documents relating to the production, storage, refining, processing, transporting, or handling of petroleum and petroleum products, and providing for the keeping of books and records, and for the inspection of such books and records and of properties and facilities. **(b) Certificate of clearance for petroleum and petroleum products** Whenever the President finds it necessary or appropriate for the enforcement of the provisions of this chapter he shall require certificates of clearance for petroleum and petroleum products moving or to be moved in interstate commerce from any particular area, and shall establish a board or boards for the issuance of such certificates. A certificate of clearance shall be issued by a board so established in any case where such board determines that the petroleum or petroleum products in question does not constitute contraband oil. Denial of any such certificate shall be by order of the board, and only after reasonable opportunity for hearing. Whenever a certificate of clearance is required for any area in any State, it shall be unlawful to ship or transport petroleum or petroleum products in interstate commerce from such area unless a certificate has been obtained therefor. **(c) Review of order of denial of certificate of clearance** Any person whose application for a certificate of clearance is denied may obtain a review of the order denying such application in the United States District Court for the district wherein the board is sitting by filing in such court within thirty days after the entry of such order a written petition praying that the order of the board be modified or set aside, in whole or in part. A copy of such petition shall be forthwith served upon the board, and thereupon the board shall certify and file in the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript, such court shall have jurisdiction to affirm, modify, or set aside such order, in whole or in part. No objection to the order of the board shall be considered by the court unless such objection shall have been urged before the board. The finding of the board as to the facts, if supported by evidence, shall be conclusive. The judgment and decree of the court shall be final, subject to review as provided in sections 1254, 1291, and 1292 of title 28.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 715f — Forfeiture of contraband oil shipped in violation of law; procedure

**(a) Seizure procedure; return of contraband oil** Contraband oil shipped or transported in interstate commerce in violation of the provisions of this chapter shall be liable to be proceeded against in any district court of the United States within the jurisdiction of which the same may be found, and seized for forfeiture to the United States by a process of libel for condemnation; but in any such case the court may in its discretion, and under such terms and conditions as it shall prescribe, order the return of such contraband oil to the owner thereof where undue hardship would result from such forfeiture. The proceedings in such cases shall conform as nearly as may be to proceedings in rem in admiralty, except that either party may demand a trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States. Contraband oil forfeited to the United States as provided in this section shall be used or disposed of pursuant to such rules and regulations as the President shall prescribe. **(b) Certificates of clearance** No such forfeiture shall be made in the case of contraband oil owned by any person (other than a person shipping such contraband oil in violation of the provisions of this chapter) who has with respect to such contraband oil a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of [section 715d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section715d&num=0&edition=prelim), certifying that the shipment in question is not contraband oil, and such person had no reasonable ground for believing such certificate to be invalid or to have been issued as a result of fraud or misrep

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 715g — Refusal of carrier to accept shipment without certificate of clearance; certificate as justifying acceptance of shipment

No common carrier who shall refuse to accept petroleum or petroleum products from any area in which certificates of clearance are required under authority of this chapter, by reason of the failure of the shipper to deliver such a certificate to such carrier, or who shall refuse to accept any petroleum or petroleum products when having reasonable ground for believing that such petroleum or petroleum products constitute contraband oil, shall be liable on account of such refusal for any penalties or damages. No common carrier shall be subject to any penalty under [section 715e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section715e&num=0&edition=prelim) in any case where (1) such carrier has a certificate of clearance which on its face appears to be valid and to have been issued by a board created under authority of [section 715d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section715d&num=0&edition=prelim), certifying that the shipment in question is not contraband oil, and such carrier had no reasonable ground for believing such certificate to be invalid or to have been issued as a result of fraud or misrepresentation of fact, or (2) such carrier, as respects any shipment originating in any area where certificates of clearance are not required under authority of this chapter, had no reasonable ground for believing such petroleum or petroleum products to constitute contraband oil.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 715h — Hearings and investigation by boards; appointment of board and employees

**(a) Hearings** Any board established under authority of [section 715d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section715d&num=0&edition=prelim), and any agency designated under authority of [section 715j of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section715j&num=0&edition=prelim), may hold and conduct such hearings, investigations, and proceedings as may be necessary for the purposes of this chapter, and for such purposes those provisions of [section 78u of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section78u&num=0&edition=prelim) relating to the administering of oaths and affirmations, and to the attendance and testimony of witnesses and the production of evidence (including penalties), shall apply. **(b) Appointments** The members of any board established under authority of [section 715d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section715d&num=0&edition=prelim) shall be appointed by the President, subject to chapter 51 and subchapter III of chapter 53 of title 5; and any such board may appoint, subject to chapter 51 and subchapter III of chapter 53 of title 5, such employees as may be necessary for the execution of its functions under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 715d — Enforcement of chapter

Page 1183 TITLE 15—COMMERCE AND TRADE § 715d § 715a. Definitions As used in this chapter— (1) The term ‘‘contraband oil’’ means petro- leum which, or any constituent part of which, was produced, transported, or withdrawn from storage in excess of the amounts permitted to be produced, transported, or withdrawn from storage under the laws of a State or under any regulation or order prescribed thereunder by any board, commission, officer, or other duly authorized agency of such State, or any of the products of such petroleum, except petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws. (2) The term ‘‘products’’ or ‘‘petroleum prod- ucts’’ includes any article produced or derived in whole or in part from petroleum or any product thereof by refining, processing, manu- facturing, or otherwise. (3) The term ‘‘interstate commerce’’ means commerce between any point in a State and any point outside thereof, or between points within the same State but through any place outside thereof, or from any place in the United States to a foreign country, but only insofar as such commerce takes place within the United States. (4) The term ‘‘person’’ includes an indi- vidual, partnership, corporation, or joint- stock company, (Feb. 22, 1935, ch. 18, § 2, 49 Stat. 30; Pub. L. 89–644, Oct. 13, 1966, 80 Stat. 890.) Editorial Notes AMENDMENTS 1966—Pub. L. 89–644 inserted provisions in par. (1) ex- empting petroleum or any of its constituent parts, title to which has been acquired by a State pursuant to its laws. § 715b. Interstate transportation of contraband oil forbidden The shipment or transportation in interstate commerce from any State of contraband oil pro- duced in such State is prohibited. For the p

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