Imágenes de páginas
PDF
EPUB

7

1 and shall issue and cause to be served on such respondent

2 and other parties an order dismissing the complaint.

3

"(g) From the time a hearing is held before the Com4 mission, or in the case of a hearing before a member or desig5 nated agent of the Commission, from the time of the trans

6 fer of the record thereof to the Comınission, until a transcript

7 of the record in a case shall have been filed in a court, as

8 hereinafter provided, the case may at any time be ended

9 by agrecinent between the parties, approved by the Comnis

10 sion, for the elimination of the alleged unlawful employment

11 practice on mutually satisfactory terms, and the Commission 12 may at any time, upon reasonable notice and in such manner

13 as it shall deem proper, modify or set aside, in whole or in 14 part, any finding or order made or issued by it. 15 “(h) (1) The proceedings held pursuant to the preced16 ing subsections of this section shall be conducted in public 17 sessions and in conformity with the standards and limita

18 tions of sections 5, 6, 7, 8, and 11 of the Administrative

19 Procedure Act.

20 “(2) In addition to the authority conferred upon the 21 Commission by the other provisions of this title, the Com22 nission is authorized, in carrying out its functions under this

23 title, to

24

“(A) receive money and other property donated,

8

1

spolu

bequeathed, or devised, without condition other than

2

that it be used in furtherance of the conditions of this

[ocr errors]
[merged small][ocr errors]

title; and to use, sell, or otherwise dispose of such prop

[blocks in formation]

erty for the purpose of carrying out the provisions of

[merged small][merged small][ocr errors]

nscrip

ended

6

(B) accept and utilize the services of voluntary 7

and uncompensated personnel and reimburse them for 8

travel expenses, including per diem, as authorized by 9

law (5 U.S.C. 736-2) for persons in the Government 10

service employed without compensation. 11

“(3) For the purposes of the preceding subsections of 12 this section the Commission is authorized to utilize the avail

[merged small][merged small][merged small][ocr errors]

14

15

ed

[merged small][ocr errors][merged small][merged small][merged small]

able services of the Department of Labor and the employees thereof, with the consent of the Secretary of Labor, in (A) conducting a preliminary investigation with respect to any charge filed with the Commission, (B) endeavoring to secure voluntary compliance with this title, (C) conducting a hearing resulting from the issuance of a complaint by the Commission, and (D) obtaining advice and pertinent information concerning any occupational training programs financed in whole or in part by the Federal Government. Within the limitation of funds appropriated to the Commission, it may make agreements, with the Secretary of Labor, establish such procedures, and make such payments, either in advance or by way of reimbursement, to the Department

20

21

22

23

24

25

9

1 of Labor or the employees thereof, as the Commission deems 2

necessary to carry out the provisions of this paragraph. 3 For the purposes of this paragraph, the Secretary of Labor 4 is authorized to cooperate with the Commission and to pro

5 vide such services as the Commission may request. Nothing

6 contained herein shall be construed to authorize the Com

7 mission to delegate any of its authority to make determina8 tions with respect to charges filed with it, to issue com9 plaints, or to make final orders and findings of fact. 10

"(i) (1) Whenever the Commission makes a finding 11 that any respondent has engaged in any unlawful employ12 ment practice and issues an order requiring such respondent 13 to cease and desist from such unlawful employment practice 14 or whenever the Commission has probable cause for belief

15 that any respondent is not in compliance with the terms of

16 any voluntary agreement for the elimination of an unlawful

17 employment practice entered into pursuant to subsection 18 (b), (e), or (g) of this section, the Commission shall have 19 power to petition any United States court of appeals or, 20 if the court of appeals to which application might be made 21 is in vacation, any district court within any circuit or dis22 trict, respectively, wherein the unlawful employment prac23 tice in question occurred, or wherein the respondent resides 24 or transacts business, for the enforcement of such order or

10

in deel

ragraph

2

[ocr errors][merged small][ocr errors]

1 voluntary agreement and for appropriate temporary relief

or restraining order and for the entry of an order directing 3 the respondent to forfeit and pay to the United States a civil 4 penalty of not more than $5,000 for any violation of such 5 order of the Commission, and shall certify and file in the 6 court to which petition is made a transcript of the entire 7 record in the proceeding, including the pleadings and testi

mony upon which such order was entered and the findings 9 and the order of the Commission or a true copy of such 10 voluntary agreement. Upon such filing, the court shall con11 duct further proceedings in conformity with the standards, 12

procedures, and limitations established by section 10 of the

[ocr errors][merged small]
[ocr errors]

ading

plor

:

dent

Etice

13 Administrative Procedure Act.

[blocks in formation]

*(2) Upon such filing the court shall cause notice

d

15 thereof to be served upon such respondent and thereupon 16 shall have jurisdiction of the proceeding and the question 17 determined therein and shall have power to grant such

18

19

temporary relief or restraining order as it deems just and

proper and to make and enter upon the pleadings, testimony, 20 and proceedings set forth in such transcript a decree enforc21 ing, modifying, and enforcing as so modified, or setting 22 aside in whole or in part the order of the Commission or the

voluntary agreement between the parties, or directing the respondent to forfeit and pay to the United States a civil penalty of not more than $5,000 for any violation of the

23

25

11

1

order of the Commission, which penalty shall accrue to the

2

United States. For the purposes of this subsection, each

3. separate violation of such a final order shall be a separate 4 offense, except that in the case of a violation through con

5 tinuing failure or neglect to obey a final order of the Com

6

mission each day of continuance of such failure or neglect

[blocks in formation]

8 (3) No objection that has not been urged before 9 the Commission, its member, or agent, shall be considered 10 by the court, unless the failure or neglect to urge such 11 objection shall be excused because of extraordinary circum

[blocks in formation]

13

“(4) The findings of the Commission with respect to questions of fact if supported by substantial evidence on the

14

15

record considered as a whole shall be conclusive.

16 “(5) Il cither party shall apply to the court for leave 17 to adduce additional evidence and shall show to the satis

18 faction of the court that such additional evidence is mate

19 rial and that there were reasonable grounds for the failure 20 to adduce such evidence in the hearing before the Com21 mission, its member, or agent, the court may order such 22 additional evidence to be taken before the Commission, its

23 member, or agent, and to be made a part of the transcript. 24 “ (6) The Commission may modify its findings as to 25 the facts, or make new findings, loy reason of additional

« AnteriorContinuar »