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U.S. Code as of:
01/19/04
Section 405. Petition for reconsideration; procedure; disposition; time of filing; additional evidence; time for disposition of petition for reconsideration of order concluding hearing or investigation; appeal of order
(a) After an order, decision, report, or action has been made or
taken in any proceeding by the Commission, or by any designated
authority within the Commission pursuant to a delegation under
section 155(c)(1) of this title, any party thereto, or any other
person aggrieved or whose interests are adversely affected thereby,
may petition for reconsideration only to the authority making or
taking the order, decision, report, or action; and it shall be
lawful for such authority, whether it be the Commission or other
authority designated under section 155(c)(1) of this title, in its
discretion, to grant such a reconsideration if sufficient reason
therefor be made to appear. A petition for reconsideration must be
filed within thirty days from the date upon which public notice is
given of the order, decision, report, or action complained of. No
such application shall excuse any person from complying with or
obeying any order, decision, report, or action of the Commission,
or operate in any manner to stay or postpone the enforcement
thereof, without the special order of the Commission. The filing of
a petition for reconsideration shall not be a condition precedent
to judicial review of any such order, decision, report, or action,
except where the party seeking such review (1) was not a party to
the proceedings resulting in such order, decision, report, or
action, or (2) relies on questions of fact or law upon which the
Commission, or designated authority within the Commission, has been
afforded no opportunity to pass. The Commission, or designated
authority within the Commission, shall enter an order, with a
concise statement of the reasons therefor, denying a petition for
reconsideration or granting such petition, in whole or in part, and
ordering such further proceedings as may be appropriate: Provided,
That in any case where such petition relates to an instrument of
authorization granted without a hearing, the Commission, or
designated authority within the Commission, shall take such action
within ninety days of the filing of such petition. Reconsiderations
shall be governed by such general rules as the Commission may
establish, except that no evidence other than newly discovered
evidence, evidence which has become available only since the
original taking of evidence, or evidence which the Commission or
designated authority within the Commission believes should have
been taken in the original proceeding shall be taken on any
reconsideration. The time within which a petition for review must
be filed in a proceeding to which section 402(a) of this title
applies, or within which an appeal must be taken under section
402(b) of this title in any case, shall be computed from the date
upon which the Commission gives public notice of the order,
decision, report, or action complained of.
(b)(1) Within 90 days after receiving a petition for
reconsideration of an order concluding a hearing under section
204(a) of this title or concluding an investigation under section
208(b) of this title, the Commission shall issue an order granting
or denying such petition.
(2) Any order issued under paragraph (1) shall be a final order
and may be appealed under section 402(a) of this title.
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