46 USC § 41304 - Hearings and orders

---
identifier: "/us/usc/t46/s41304"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 41304 - Hearings and orders"
title_number: 46
title_name: "SHIPPING"
section_number: "41304"
section_name: "Hearings and orders"
chapter_number: 413
chapter_name: "ENFORCEMENT"
part_number: "A"
part_name: "Ocean Shipping"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)"
---


# § 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.

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**Source Credit**: (Pub. L. 109–304, § 7, Oct. 6, 2006, 120 Stat. 1546.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 41304(a) | 46 App.:1713(a) (1st sentence). | Pub. L. 98–237, § 14(a), (b), Mar. 20, 1984, 98 Stat. 83. |
| 41304(b) | 46 App.:1713(b) (1st sentence 1st–12th words). |  |
| 41304(c) | 46 App.:1713(b) (1st sentence 13th–last words, last sentence). |  |
| 41304(d) | 46 App.:1713(a) (last sentence). |  |

In subsection (a), the words “upon sworn complaint or on its own motion” are omitted as unnecessary.