|
U.S. Code as of:
01/19/04
Section 715d. Enforcement of chapter
(a) Rules and regulations
The President shall prescribe such regulations as he finds
necessary or appropriate for the enforcement of the provisions of
this chapter, including but not limited to regulations requiring
reports, maps, affidavits, and other documents relating to the
production, storage, refining, processing, transporting, or
handling of petroleum and petroleum products, and providing for the
keeping of books and records, and for the inspection of such books
and records and of properties and facilities.
(b) Certificate of clearance for petroleum and petroleum products
Whenever the President finds it necessary or appropriate for the
enforcement of the provisions of this chapter he shall require
certificates of clearance for petroleum and petroleum products
moving or to be moved in interstate commerce from any particular
area, and shall establish a board or boards for the issuance of
such certificates. A certificate of clearance shall be issued by a
board so established in any case where such board determines that
the petroleum or petroleum products in question does not constitute
contraband oil. Denial of any such certificate shall be by order of
the board, and only after reasonable opportunity for hearing.
Whenever a certificate of clearance is required for any area in any
State, it shall be unlawful to ship or transport petroleum or
petroleum products in interstate commerce from such area unless a
certificate has been obtained therefor.
(c) Review of order of denial of certificate of clearance
Any person whose application for a certificate of clearance is
denied may obtain a review of the order denying such application in
the United States District Court for the district wherein the board
is sitting by filing in such court within thirty days after the
entry of such order a written petition praying that the order of
the board be modified or set aside, in whole or in part. A copy of
such petition shall be forthwith served upon the board, and
thereupon the board shall certify and file in the court a
transcript of the record upon which the order complained of was
entered. Upon the filing of such transcript, such court shall have
jurisdiction to affirm, modify, or set aside such order, in whole
or in part. No objection to the order of the board shall be
considered by the court unless such objection shall have been urged
before the board. The finding 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 review as provided in
sections 1254, 1291, and 1292 of title 28.
|
|