15 U.S.C. § 3059 — Unfair or deceptive acts or practices

Page 1985 TITLE 15—COMMERCE AND TRADE § 3059 (ii) may affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the final civil sanction of the Authority; and (iii) may make any finding or conclusion that, in the judgment of the administra- tive law judge, is proper and based on the record. (B) Final decision A decision under this paragraph shall con- stitute the decision of the Commission with- out further proceedings unless a notice or an application for review is timely filed under subsection (c). (c) Review by Commission (1) Notice of review by Commission The Commission may, on its own motion, re- view any decision of an administrative law judge issued under subsection (b)(3) by pro- viding 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. (2) Application for review (A) In general 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. (B) Effect of denial of application for review If an application for review under subpara- graph (A) is denied, the decision of the ad- ministrative law judge shall constitute the decision of the Commission without further proceedings. (C) Discretion of Commission (i) In general A decision with respect to whether to grant an application for review under sub- paragraph (A) is subject to the discretion of the Commission. (ii) Matters to be considered In determining whether to grant such an application for review, the Commission shall consider whether the application makes a reasonable showing that— (I) a prejudicial error was committed in the conduct of the proceeding; or (II) the decision involved— (aa) an erroneous application of the anti-doping and medication control or racetrack safety rules approved by the Commission; or (bb) an exercise of discretion or a de- cision of law or policy that warrants review by the Commission. (3) Nature of review (A) In general In matters reviewed under this subsection, the Commission may— (i) affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the decision of the administra- tive law judge; and (ii) make any finding or conclusion that, in the judgement of the Commission, is proper and based on the record. (B) De novo review The Commission shall review de novo the factual findings and conclusions of law made by the administrative law judge. (C) Consideration of additional evidence (i) Motion by Commission The Commission may, on its own mo- tion, allow the consideration of additional evidence. (ii) Motion by a party (I) In general A party may file a motion to consider additional evidence at any time before the issuance of a decision by the Com- mission, which shall show, with particu- larity, that— (aa) such additional evidence is ma- terial; and (bb) there were reasonable grounds for failure to submit the evidence pre- viously. (II) Procedure The Commission may— (aa) accept or hear additional evi- dence; or (bb) remand the proceeding to the administrative law judge for the con- sideration of additional evidence. (d) Stay of proceedings 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 Author- ity unless the administrative law judge or Com- mission orders such a stay. (Pub. L. 116–260, div. FF, title XII, § 1209, Dec. 27, 2020, 134 Stat. 3272.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(2)(A)(ii), was in the original ‘‘this Act’’ and was translated as read- ing ‘‘this title’’, meaning title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Congress. § 3059. Unfair or deceptive acts or practices The sale of a covered horse, or of any other horse in anticipation of its future participation in a covered race, shall be considered an unfair or deceptive act or practice in or affecting com- merce under section 45(a) of this title if the sell- er— (1) knows or has reason to know the horse has been administered— (A) a bisphosphonate prior to the horse’s fourth birthday; or (B) any other substance or method the Au- thority determines has a long-term degrad- ing effect on the soundness of the covered horse; and (2) fails to disclose to the buyer the adminis- tration of the bisphosphonate or other sub- Page 1986 TITLE 15—COMMERCE AND TRADE § 3060 stance or method described in paragraph (1)(B). (Pub. L. 116–260, div. FF, title XII, § 1210, Dec. 27, 2020, 134 Stat. 3274.) § 3060. State delegation; cooperation (a) State delegation (1) In general The Authority may enter into an agreement with a State racing commission to implement, within the jurisdiction of the State racing commission, a component of the racetrack safety program or, with the concurrence of the anti-doping and medication control enforce- ment agency under section 3054(e) of this title, a component of the horseracing anti-doping and medication control program, if the Au- thority determines that the State racing com- mission has the ability to implement such component in accordance with the rules, standards, and requirements established by the Authority. (2) Implementation by State racing commission A State racing commission or other appro- priate regulatory body of a State may not im- plement such a component in a manner less restrictive than the rule, standard, or require- ment established by the Authority. (b) Cooperation To avoid duplication of functions, facilities, and personnel, and to attain closer coordination and greater effectiveness and economy in admin- istration of Federal and State law, where con- duct by any person subject to the horseracing medication control program or the racetrack safety program may involve both a medication control or racetrack safety rule violation and violation of Federal or State law, the Authority and Federal or State law enforcement authori- ties shall cooperate and share information. (Pub. L. 116–260, div. FF, title XII, § 1211, Dec. 27, 2020, 134 Stat. 3274.) CHAPTER 58—FULL EMPLOYMENT AND BALANCED GROWTH Sec. 3101. Congressional findings. 3102. Report to Congressional committees. 3103. National Employment Conference. SUBCHAPTER I—STRUCTURAL ECONOMIC POLI- CIES AND PROGRAMS INCLUDING TREATMENT OF RESOURCE RESTRAINTS 3111. Congressional statement of purpose. 3112. Countercyclical employment policies. 3113. Economic activity coordination. 3114. Regional and structural employment policies and programs. 3115. Youth employment policies and programs. 3116. Job training, counseling and reservoirs of em- ployment projects. 3117. Capital formation. SUBCHAPTER II—POLICIES AND PROCEDURES FOR CONGRESSIONAL REVIEW 3131. Congressional statement of purpose. 3132. Committee review. 3133. Exercise of rulemaking powers. SUBCHAPTER III—GENERAL PROVISIONS 3151. Nondiscrimination. 3152. Labor standards. § 3101. Congressional findings (a) The Congress finds that the Nation has suf- fered substantial unemployment and under- employment, idleness of other productive re- sources, high rates of inflation, and inadequate productivity growth, over prolonged periods of time, imposing numerous economic and social costs on the Nation. Such costs include the fol- lowing: (1) The Nation is deprived of the full supply of goods and services, the full utilization of labor and capital resources, and the related in- creases in economic well-being that would occur under conditions of genuine full employ- ment, production, and real income, balanced growth, a balanced Federal budget, and the ef- fective control of inflation. (2) The output of goods and services is insuf- ficient to meet pressing national priorities. (3) Workers are deprived of the job security, income, skill development, and productivity necessary to maintain and advance their standards of living. (4) Business and industry are deprived of the production, sales, capital flow, and produc- tivity necessary to maintain adequate profits, undertake new investment, create jobs, com- pete internationally, and contribute to meet- ing society’s economic needs. These problems are especially acute for smaller businesses. Variations in the business cycle and low-level operations of the economy are far more dam- aging to smaller businesses than to larger business concerns because smaller businesses have fewer available resources, and less access to resources, to withstand nationwide eco- nomic adversity. A decline in small business enterprises contributes to unemployment by reducing employment opportunities and con- tributes to inflation by reducing competition. (5) Unemployment exposes many families to social, psychological, and physiological costs, including disruption of family life, loss of indi- vidual dignity and self-respect, and the aggra- vation of physical and psychological illnesses, alcoholism and drug abuse, crime, and social conflicts. (6) Federal, State, and local government budgets are undermined by deficits due to shortfalls in tax revenues and in increases in expenditures for unemployment compensation, public assistance, and other recession-related services in the areas of criminal justice, alco- holism and drug abuse, and physical and men- tal health. (b) The Congress further finds that: (1) High unemployment may contribute to inflation by diminishing labor training and skills, underutilizing capital resources, reduc- ing the rate of productivity advance, increas- ing unit labor costs, and reducing the general supply of goods and services. (2) Aggregate monetary and fiscal policies alone have been unable to achieve full employ- ment and production, increased real income, balanced growth, a balanced Federal budget, adequate productivity growth, proper atten- tion to national priorities, achievement of an improved trade balance, and reasonable price stability, and therefore must be supplemented