7-U.S.C.-1291
§1291 – Adjustments In Freight Rates
Pathway
Title 7 > Chapter 35 > Subchapter I > Section 1291
Details
- Reference: Section 1291
- Legend: §1291 – Adjustments In Freight Rates
- USCode Year: 2013
Provision Content
(a) Complaints by Secretary of Agriculture; notice of hearings
The Secretary of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard.
(b) Secretary as party to proceedings
If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Board shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Boards determination. The liability of the Secretary in any such case shall extend only to liability for court costs.
(c) Utilization of records, services, etc., of Department of Agriculture
For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture.
(d) Cooperation with complaining farm associations
The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.
(Feb. 16, 1938, ch. 30, title II, §201, 52 Stat. 36; Pub. L. 104–88, title III, §311, Dec. 29, 1995, 109 Stat. 948.)
Amendments
1995—Pub. L. 104–88 substituted Surface Transportation Board” for Interstate Commerce Commission” in subsecs. (a), (c), and (d), Board” for Commission” wherever appearing in subsecs. (a) and (b), and Boards” for Commissions” in subsec. (b).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 701 of Title 49, Transportation.
U.S. Encyclopedia of Law Coverage
7-U.S.C.-1151 in the Legal Encyclopedia: Agriculture
In this entry about 7-U.S.C.-1151, find legal reference material, bibliographies and premiere content related to agriculture in the American Encyclopedia of Law, presenting a comprehensive view of the United States agriculture-specific issues, written by authorities in the field.
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