15 U.S.C. § 715h — Hearings and investigation by boards; ap-

Page 1184 TITLE 15—COMMERCE AND TRADE § 715e shall have been urged before the board. The find- ing 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 re- view as provided in sections 1254, 1291, and 1292 of title 28. (Feb. 22, 1935, ch. 18, § 5, 49 Stat. 31.) Editorial Notes CODIFICATION In subsec. (c), ‘‘sections 1254, 1291, and 1292 of title 28’’ substituted for ‘‘sections 128 and 240 of the Judicial Code, as amended [28 U.S.C. 225 and 347]’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Proce- dure. § 715e. Penalties for violation of chapter Any person knowingly violating any provision of this chapter or any regulation prescribed thereunder shall upon conviction be punished by a fine of not to exceed $2,000 or by imprisonment for not to exceed six months, or by both such fine and imprisonment. (Feb. 22, 1935, ch. 18, § 6, 49 Stat. 32.) § 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 provi- sions of this chapter shall be liable to be pro- ceeded 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 regula- tions 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 viola- tion 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, cer- tifying that the shipment in question is not con- traband oil, and such person had no reasonable ground for believing such certificate to be in- valid or to have been issued as a result of fraud or misrepresentation of fact. (Feb. 22, 1935, ch. 18, § 7, 49 Stat. 32.) § 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 certifi- cate to such carrier, or who shall refuse to ac- cept any petroleum or petroleum products when having reasonable ground for believing that such petroleum or petroleum products con- stitute 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 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, certifying that the shipment in question is not contraband oil, and such carrier had no reasonable ground for be- lieving such certificate to be invalid or to have been issued as a result of fraud or misrepresen- tation of fact, or (2) such carrier, as respects any shipment originating in any area where certifi- cates of clearance are not required under au- thority of this chapter, had no reasonable ground for believing such petroleum or petro- leum products to constitute contraband oil. (Feb. 22, 1935, ch. 18, § 8, 49 Stat. 32.) § 715h. Hearings and investigation by boards; ap- pointment of board and employees (a) Hearings Any board established under authority of sec- tion 715d of this title, and any agency designated under authority of section 715j of this title, 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 relat- ing to the administering of oaths and affirma- tions, and to the attendance and testimony of witnesses and the production of evidence (in- cluding penalties), shall apply. (b) Appointments The members of any board established under authority of section 715d of this title shall be ap- pointed 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 exe- cution of its functions under this chapter. (Feb. 22, 1935, ch. 18, § 9, 49 Stat. 33; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.) Editorial Notes CODIFICATION Provisions of subsec. (b) that authorized appoint- ments ‘‘without regard to the civil service laws’’ omit- ted as obsolete and superseded. Such appointments are now subject to the civil service laws unless specifically excepted by those laws or by laws enacted subsequent to Executive Order 8743, Apr. 23, 1941, issued by the President pursuant to the Act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted Page 1185 TITLE 15—COMMERCE AND TRADE § 715k positions into the classified (competitive) civil service. The Order is set out as a note under section 3301 of Title 5, Government Organization and Employees. ‘‘Chapter 51 and subchapter III of chapter 53 of title 5’’ substituted in subsec. (b) for ‘‘the Classification Act of 1949, as amended’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5. AMENDMENTS 1949—Subsec. (b). Act Oct. 28, 1949, substituted ‘‘Clas- sification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. § 715i. Restraining violations (a) Mandatory injunction upon application of President Upon application of the President, by the At- torney General, the United States District Courts shall have jurisdiction to issue manda- tory injunctions commanding any person to comply with the provisions of this chapter or any regulation issued thereunder. (b) Discretionary action in district court to en- join acts or practices Whenever it shall appear to the President that any person is engaged or about to engage in any acts or practices that constitute or will con- stitute a violation of any provision of this chap- ter or of any regulation thereunder, he may in his discretion, by the Attorney General, bring an action in the proper United States District Court to enjoin such acts or practices, and upon a proper showing a permanent or temporary in- junction or restraining order shall be granted without bond. (c) Exclusive jurisdiction of district court; re- view The United States District Courts shall have exclusive jurisdiction of violations of this chap- ter or the regulations thereunder, and of all suits in equity and actions at law brought to en- force any liability or duty created by, or to en- join any violation of, this chapter or the regula- tions thereunder. Any criminal proceeding may 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 this chapter or regulations thereunder, or to enjoin any violation of this chapter or any regulations thereunder, may be brought in any such district or in the district wherein the defendant is found or is an inhab- itant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wher- ever the defendant may be found. Judgments and decrees so rendered shall be subject to re- view as provided in sections 1254, 1291, and 1292 of title 28. (Feb. 22, 1935, ch. 18, § 10, 49 Stat. 33.) Editorial Notes CODIFICATION In subsec. (c), ‘‘sections 1254, 1291, and 1292 of title 28’’ substituted for ‘‘sections 128 and 240 of the Judicial Code, as amended [28 U.S.C. 225 and 347]’’ on authority of act June 25, 1948, ch. 646, 62 Stat. 869, the first section of which enacted Title 28, Judiciary and Judicial Proce- dure. § 715j. ‘‘President’’ as including agencies, officers and employees Wherever reference is made in this chapter to the President such reference shall be held to in- clude, in addition to the President, any agency, officer, or employee who may be designated by the President for the execution of any of the powers and functions vested in the President under this chapter. (Feb. 22, 1935, ch. 18, § 11, 49 Stat. 33.) Executive Documents DELEGATION OF FUNCTIONS Ex. Ord. No. 6979, Feb. 28, 1935, which designated and appointed Secretary of the Interior to execute powers and functions vested in President by this chapter ex- cept those vested in him by section 715c of this title, was superseded by Ex. Ord. No. 10752, set out below. Ex. Ord. No. 7756, Dec. 1, 1937, 2 F.R. 2664, which dele- gated to Secretary of the Interior powers and functions vested in President under this chapter except those vested in him by section 715c of this title, and author- ized Secretary to establish a Petroleum Conservation Division in Department of the Interior, the functions and duties of which shall be: (1) to assist, in such man- ner as may be prescribed by Secretary of the Interior, in administering said act, (2) to cooperate with oil and gas-producing States in prevention of waste in oil and gas production and in adoption of uniform oil- and gas- conservation laws and regulations, and (3) to keep in- formed currently as to facts which may be required for exercise of responsibility of President under section 715c of this title, was superseded by Ex. Ord. No. 10752, set out below. EX. ORD. NO. 10752. DELEGATION OF FUNCTIONS TO THE SECRETARY OF THE INTERIOR Ex. Ord. No. 10752, Feb. 12, 1958, 23 F.R. 973, provided: SECTION 1. The Secretary of the Interior is hereby designated and appointed as the agent of the President for the execution of all the powers and functions vested in the President by the act of February 22, 1935, 49 Stat. 30, entitled ‘‘An Act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes,’’ as amended (15 U.S.C. 715 et seq.), ex- cept those vested in the President by section 4 of the act (15 U.S.C. 715c). SEC. 2. The Secretary of the Interior may make such provisions in the Department of the Interior as he may deem appropriate to administer the said act. SEC. 3. This Executive order supersedes Executive Order No. 6979 of February 28, 1935, Executive Order No. 7756 of December 1, 1937 (2 F.R. 2664), Executive Order No. 9732 of June 3, 1946 (11 F.R. 5985), and paragraph (q) of section 1 of Executive Order No. 10250 of June 5, 1951 (16 F.R. 5385). DWIGHT D. EISENHOWER. § 715k. Saving clause If any provision of this chapter, or the applica- tion thereof to any person or circumstance, shall be held invalid, the validity of the remain- der of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. (Feb. 22, 1935, ch. 18, § 12, 49 Stat. 33.)