
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7193]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
       SUBCHAPTER V--ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW
 
Sec. 7193. Remedial orders


(a) Violations of rules, regulations, or orders promulgated pursuant to 
        Emergency Petroleum Allocation Act of 1973

    If upon investigation the Secretary or his authorized representative 
believes that a person has violated any regulation, rule, or order 
described in section 7191(a) of this title promulgated pursuant to the 
Emergency Petroleum Allocation Act of 1973 \1\ [15 U.S.C. 751 et seq.], 
he may issue a remedial order to the person. Each remedial order shall 
be in writing and shall describe with particularity the nature of the 
violation, including a reference to the provision of such rule, 
regulation, or order alleged to have been violated. For purposes of this 
section ``person'' includes any individual, association, company, 
corporation, partnership, or other entity however organized.
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    \1\ See References in Text note below.
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(b) Notice of intent to contest; final order not subject to review

    If within thirty days after the receipt of the remedial order issued 
by the Secretary, the person fails to notify the Secretary that he 
intends to contest the remedial order, the remedial order shall become 
effective and shall be deemed a final order of the Secretary and not 
subject to review by any court or agency.

(c) Notice of contestation to Commission; stay; hearing; cross 
        examination; final order; enforcement and review

    If within thirty days after the receipt of the remedial order issued 
by the Secretary, the person notifies the Secretary that he intends to 
contest a remedial order issued under subsection (a) of this section, 
the Secretary shall immediately advise the Commission of such 
notification. Upon such notice, the Commission shall stay the effect of 
the remedial order, unless the Commission finds the public interest 
requires immediate compliance with such remedial order. The Commission 
shall, upon request, afford an opportunity for a hearing, including, at 
a minimum, the submission of briefs, oral or documentary evidence, and 
oral arguments. To the extent that the Commission in its discretion 
determines that such is required for a full and true disclosure of the 
facts, the Commission shall afford the right of cross examination. The 
Commission shall thereafter issue an order, based on findings of fact, 
affirming, modifying, or vacating the Secretary's remedial order, or 
directing other appropriate relief, and such order shall, for the 
purpose of judicial review, constitute a final agency action, except 
that enforcement and other judicial review of such action shall be the 
responsibility of the Secretary.

(d) Time limits

    The Secretary may set reasonable time limits for the Commission to 
complete action on a proceeding referred to it pursuant to this section.

(e) Effect on procedural action taken by Secretary prior to issuance of 
        initial remedial order

    Nothing in preceding provisions of this section shall be construed 
to affect any procedural action taken by the Secretary prior to or 
incident to initial issuance of a remedial order which is the subject of 
the hearing provided in preceding provisions of this section, but such 
procedures shall be reviewable in the hearing.

(f) Savings provision

    The provisions of preceding provisions of this section shall be 
applicable only with respect to proceedings initiated by a notice of 
probable violation issued after October 1, 1977.

(g) Retroactive application; marketing of petroleum products

    With respect to any person whose sole petroleum industry operation 
relates to the marketing of petroleum products, the Secretary or any 
person acting on his behalf may not exercise discretion to maintain a 
civil action (other than an action for injunctive relief) or issue a 
remedial order against such person for any violation of any rule or 
regulation if--
        (1) such civil action or order is based on a retroactive 
    application of such rule or regulation or is based upon a 
    retroactive interpretation of such rule or regulation; and
        (2) such person relied in good faith upon rules, regulations, or 
    ruling in effect on the date of the violation interpreting such 
    rules or regulations.

(Pub. L. 95-91, title V, Sec. 503, Aug. 4, 1977, 91 Stat. 590; Pub. L. 
95-620, title VIII, Sec. 805, Nov. 9, 1978, 92 Stat. 3348.)

                       References in Text

    The Emergency Petroleum Allocation Act of 1973, referred to in 
subsec. (a), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as amended, 
which was classified generally to chapter 16A (Sec. 751 et seq.) of 
Title 15, Commerce and Trade, and was omitted from the Code pursuant to 
section 760g of Title 15, which provided for the expiration of the 
President's authority under that chapter on Sept. 30, 1981.


                               Amendments

    1978--Subsecs. (e), (f). Pub. L. 95-620, Sec. 805(b), inserted 
``preceding provisions of'' before ``this section''.
    Subsec. (g). Pub. L. 95-620, Sec. 805(a), added subsec. (g).


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-620 effective 180 days after Nov. 9, 1978, 
see section 901 of Pub. L. 95-620, set out as an Effective Date note 
under section 8301 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 15 section 4504.
