Collapse to view only § 41303. Discovery and subpoenas
- § 41301. Complaints
- § 41302. Investigations
- § 41303. Discovery and subpoenas
- § 41304. Hearings and orders
- § 41305. Award of reparations
- § 41306. Injunctive relief sought by complainants
- § 41307. Injunctive relief sought by the Commission
- § 41308. Enforcement of subpoenas and orders
- § 41309. Enforcement of reparation orders
- § 41310. Charge complaints
§ 41301. Complaints
(a)In General.—A person may file with the Federal Maritime Commission a sworn complaint alleging a violation of this part, except section 41307(b)(1). If the complaint is filed within 3 years after the claim accrues, the complainant may seek reparations for an injury to the complainant caused by the violation.
(b)Notice and Response.—The Commission shall provide a copy of the complaint to the person named in the complaint. Within a reasonable time specified by the Commission, the person shall satisfy the complaint or answer it in writing.
(c)If Complaint Not Satisfied.—If the complaint is not satisfied, the Commission shall investigate the complaint in an appropriate manner and make an appropriate order.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1545.)
§ 41302. Investigations
(a)In General.—The Federal Maritime Commission, on complaint or its own motion, may investigate any conduct 1
1 So in original. Probably should be followed by a comma.
agreement, fee, or charge that the Commission believes may be in violation of this part. The Commission may by order disapprove, cancel, or modify any agreement that operates in violation of this part.(b)Effectiveness of Agreement, Fee, or Charge During Investigation.—Unless an injunction is issued under section 41306 or 41307 of this title, an agreement, fee, or charge under investigation by the Commission remains in effect until the Commission issues its order.
(c)Date for Decision.—Within 10 days after the initiation of a proceeding under this section or section 41301 of this title, the Commission shall set a date by which it will issue its final decision. The Commission by order may extend the date for good cause.
(d)Sanctions for Delay.—If, within the period for final decision under subsection (c), the Commission determines that it is unable to issue a final decision because of undue delay caused by a party to the proceeding, the Commission may impose sanctions, including issuing a decision adverse to the delaying party.
(e)Report.—The Commission shall make a written report of every investigation under this part in which a hearing was held, stating its conclusions, decisions, findings of fact, and order. The Commission shall provide a copy of the report to all parties and publish the report for public information. A published report is competent evidence in a court of the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1545; Pub. L. 117–146, § 11(a), June 16, 2022, 136 Stat. 1278.)
§ 41303. Discovery and subpoenas
(a)In General.—In an investigation or adjudicatory proceeding under this part—
(1) the Federal Maritime Commission may subpoena witnesses and evidence; and
(2) a party may use depositions, written interrogatories, and discovery procedures under regulations prescribed by the Commission that, to the extent practicable, shall conform to the Federal Rules of Civil Procedure (28 App. U.S.C.).
(b)Witness Fees.—Unless otherwise prohibited by law, a witness is entitled to the same fees and mileage as in the courts of the United States.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1545.)
§ 41304. Hearings and orders
(a)Opportunity for Hearing.—The Federal Maritime Commission shall provide an opportunity for a hearing before issuing an order relating to a violation of this part or a regulation prescribed under this part.
(b)Modification of Order.—The Commission may reverse, suspend, or modify any of its orders.
(c)Rehearing.—On application of a party to a proceeding, the Commission may grant a rehearing of the same or any matter determined in the proceeding. Except by order of the Commission, a rehearing does not operate as a stay of an order.
(d)Period of Effectiveness.—An order of the Commission remains in effect for the period specified in the order or until suspended, modified, or set aside by the Commission or a court of competent jurisdiction.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)
§ 41305. Award of reparations
(a)Definition.—In this section, the term “actual injury” includes the loss of interest at commercial rates compounded from the date of injury.
(b)Basic Amount.—If the complaint was filed within the period specified in section 41301(a) of this title, the Federal Maritime Commission shall direct the payment of reparations to the complainant for actual injury caused by a violation of this part.
(c)Additional Amounts.—On a showing that the injury was caused by an activity prohibited by section subsection 1
1 So in original.
(b) or (c) of section 41102, paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105, the Commission may order the payment of additional amounts, but the total recovery of a complainant may not exceed twice the amount of the actual injury.(d)Difference Between Rates.—If the injury was caused by an activity prohibited by subparagraph (A) or (B) of section 41104(a)(4), the amount of the injury shall be the difference between the rate paid by the injured shipper and the most favorable rate paid by another shipper.
(e)Attorney Fees.—In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546; Pub. L. 113–281, title IV, § 402, Dec. 18, 2014, 128 Stat. 3056; Pub. L. 117–146, §§ 12, 15(c), June 16, 2022, 136 Stat. 1279.)
§ 41306. Injunctive relief sought by complainants
(a)In General.—After filing a complaint with the Federal Maritime Commission under section 41301 of this title, the complainant may bring a civil action in a district court of the United States to enjoin conduct in violation of this part.
(b)Venue.—The action must be brought in the judicial district in which—
(1) the Commission has brought a civil action against the defendant under section 41307(a) of this title; or
(2) the defendant resides or transacts business, if the Commission has not brought such an action.
(c)Remedies by Court.—After notice to the defendant, and a showing that the standards for granting injunctive relief by courts of equity are met, the court may grant a temporary restraining order or preliminary injunction for a period not to exceed 10 days after the Commission has issued an order disposing of the complaint.
(d)Attorney Fees.—A defendant prevailing in a civil action under this section shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)
§ 41307. Injunctive relief sought by the Commission
(a)General Violations.—In connection with an investigation under section 41301 or 41302 of this title, the Federal Maritime Commission may bring a civil action to enjoin conduct in violation of this part. The action must be brought in the district court of the United States for any judicial district in which the defendant resides or transacts business. After notice to the defendant, and a showing that the standards for granting injunctive relief by courts of equity are met, the court may grant a temporary restraining order or preliminary injunction for a period not to exceed 10 days after the Commission has issued an order disposing of the issues under investigation.
(b)Reduction in Competition.—
(1)Action by commission.—If, at any time after the filing or effective date of an agreement under chapter 403 of this title, the Commission determines that the agreement is likely, by a reduction in competition, to produce an unreasonable reduction in transportation service or an unreasonable increase in transportation cost or to substantially lessen competition in the purchasing of certain covered services, the Commission, after notice to the person filing the agreement, may bring a civil action in the United States District Court for the District of Columbia to enjoin the operation of the agreement. The Commission’s sole remedy with respect to an agreement likely to have such an effect is an action under this subsection.
(2)Remedies by court.—In an action under this subsection, the court may issue—
(A) a temporary restraining order or a preliminary injunction; and
(B) a permanent injunction after a showing that the agreement is likely to have the effect described in paragraph (1).
(3)Burden of proof and third parties.—In an action under this subsection, the burden of proof is on the Commission. The court may not allow a third party to intervene.
(4)Competition factors.—In making a determination under this subsection regarding whether an agreement is likely to substantially lessen competition in the purchasing of certain covered services, the Commission may consider any relevant competition factors in affected markets, including, without limitation, the competitive effect of agreements other than the agreement under review.
(c)Failure To Provide Information.—If a person filing an agreement, or an officer, director, partner, agent, or employee of the person, fails substantially to comply with a request for the submission of additional information or documents within the period provided in section 40304(c) of this title, the Commission may bring a civil action in the United States District Court for the District of Columbia. At the request of the Commission, the Court—
(1) may order compliance;
(2) shall extend the period specified in section 40304(c)(2) of this title until there has been substantial compliance; and
(3) may grant other equitable relief that the court decides is appropriate.
(d)Representation.—The Commission may represent itself in a proceeding under this section in—
(1) a district court of the United States, on notice to the Attorney General; and
(2) a court of appeals of the United States, with the approval of the Attorney General.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1547; Pub. L. 115–282, title VII, § 710(a), Dec. 4, 2018, 132 Stat. 4297.)
§ 41308. Enforcement of subpoenas and orders
(a)Civil Action.—If a person does not comply with a subpoena or order of the Federal Maritime Commission, the Attorney General, at the request of the Commission, or an injured party, may seek enforcement in a district court of the United States having jurisdiction over the parties. If, after hearing, the court determines that the subpoena or order was regularly made and duly issued, the court shall enforce the subpoena or order.
(b)Time Limit on Bringing Actions.—An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1548.)
§ 41309. Enforcement of reparation orders
(a)Civil Action.—If a person does not comply with an order of the Federal Maritime Commission for the payment of a refund of money or reparation, the person to which the refund or reparation was awarded may seek enforcement of the order in a district court of the United States having jurisdiction over the parties.
(b)Parties and Service of Process.—All parties in whose favor the Commission has ordered a refund of money or any other award of reparation by a single order may be joined as plaintiffs, and all other parties in the order (except for the Commission or any component of the Commission) may be joined as defendants, in a single action in a judicial district in which any one plaintiff could maintain an action against any one defendant. Service of process against a defendant not found in that district may be made in a district in which any office of that defendant is located or in which any port of call on a regular route operated by that defendant is located. Judgment may be entered for any plaintiff against the defendant liable to that plaintiff.
(c)Nature of Review.—In an action under this section, the findings and order of the Commission are prima facie evidence of the facts stated in the findings and order.
(d)Costs and Attorney Fees.—The plaintiff is not liable for costs of the action or for costs of any subsequent stage of the proceedings unless they accrue on the plaintiff’s appeal. A prevailing plaintiff shall be allowed reasonable attorney fees to be assessed and collected as part of the costs of the action.
(e)Time Limit on Bringing Actions.—An action under this section to enforce an order of the Commission must be brought within 3 years after the date the order was violated.
(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1548; Pub. L. 117–146, § 13, June 16, 2022, 136 Stat. 1279.)
§ 41310. Charge complaints
(a)In General.—A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning complaints about charges assessed by a common carrier. The information submitted to the Commission shall include the bill of lading numbers and invoices, and may include any other relevant information.
(b)Investigation.—Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a) and section 41102. The common carrier shall—
(1) be provided an opportunity to submit additional information related to the charge in question; and
(2) bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to section 545.5 of title 46, Code of Federal Regulations (or successor regulations).
(c)Refund.—Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a) or 41102, the Commission shall promptly order the refund of charges paid.
(d)Penalties.—In the event of a finding that a charge does not comply with section 41104(a) or 41102 after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge.
(e)Considerations.—If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider—
(1) whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and
(2) whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).
(Added Pub. L. 117–146, § 10(a), June 16, 2022, 136 Stat. 1278.)