15 1 time and in such manner as the Board shall prescribe by 2 rules or regulations. The vote of a majority of the mem3 bers of the Board less one member thereof shall be sufficient 4 to bring any such case before the Board for review. If 5 the Board declines to review any such case, or if no review 6 is sought within the time prescribed by the rules or regula7 tions of the Board, then the action of the division of the 8 Board, the member of the Board, or the hearing examiner 9 shall, for all purposes, be considered to be the action of the 10 Board. 11 (e) Any member of the Board, or any hearing ex12 aminer or other employee designated by the Board for such 13 purposes, may administer oaths. 14 (f) Orders and other process and papers of the Board 15 may be served either personally or by registered mail or by 16 telegraph or by leaving a copy thereof at the principal office 17 or place of business of the person required to be served. The 18 verified return by the individual so serving the same setting 19 forth the manner of such service shall be proof of the same, 20 and the return post office receipt or telegraph receipt there21 for when registered and mailed or telegraphed as aforesaid 22 shall be proof of service of the same. Witnesses summoned 23 before the Board shall be paid the same fees and mileage that 24 are paid witnesses in the courts of the United States, and 16 1 witnesses whose depositions are taken and the persons tak2 ing the same shall severally be entitled to the same fees as 3 are paid for like services in the courts of the United States. (g) All process of any court to which application is 5 made under this section may be served in the judicial district 6 wherein the defendant or other person required to be served 7 resides or may be found. 4 8 (h) The several departments and agencies of the Gov9 ernment, when directed by the President, shall furnish the 10 Board, upon its request, all records, papers, and information 11 in their possession relating to any matter before the Board. 12 JUDICIAL REVIEW AND ENFORCEMENT OF ORDERS OF THE 13 14 BOARD SEC. 9. (a) The Administrator or any person subject to 15 this Act who is aggrieved by an order of the Board issued 16 under section 8 may obtain a review of such order in the 17 United States court of appeals for the judicial circuit in which 18 the violation of section 4 or the regulations and requirements 19 promulgated thereunder was alleged to have occurred, or in 20 which such person resides or transacts business, or in the 21 Court of Appeals for the District of Columbia, by filing in 22 such court a written petition praying that the order of the 23 Board be modified or set aside. If such petition is not filed 24 by the Administrator, a copy thereof shall forthwith be 25 served upon him. The Administrator shall certify and file 17 1 in the court a transcript of the entire record in the proceeding 2 before the Board, including the testimony and other evidence 3 upon which the order of the Board was entered and the 4 findings and order of the Board. 5 (b) The Administrator shall have power to petition 6 the United States court of appeals for the judicial circuit in 7 which the violation of section 4 or the regulations and re8 quirements promulgated thereunder occurred, or in which the 9 respondent resides or transacts business, for the enforcement 10 of an order of the Board issued under section 8 and for 11 appropriate temporary relief or restraining order. The Ad12 ministrator shall certify and file in the court to which petition is made a transcript of the entire record in the proceeding 13 14 15 before the Board, including the testimony and other evidence upon which the order of the Board was entered and the 16 findings and order of the Board. 17 18 (c) Upon the filing of a petition under subsection (a) or (b), the court shall conduct further proceedings in con19 formity with the standards, procedures, and limitations estab20 lished by section 10 of the Administrative Procedure Act. 21 17 The court shall cause notice thereof to be served upon the 22 respondent and thereupon shall have jurisdiction of the 23 proceeding and of the question determined therein and 24 shall have power to grant such temporary relief or restrain 25 ing order as it deems just and proper and to make and enter 18 1 2 a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the Board. 3 (d) No objection that has not been urged before the 4 5 Board shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because 6 of extraordinary circumstances. 7 (e) The findings of the Board with respect to questions 8 of fact if supported by substantial evidence on the record 10 (f) If either party shall apply to the court for leave to 11 adduce additional evidence and shall show to the satisfaction 12 of the court that such additional evidence is material and 13 that there were reasonable grounds for the failure to adduce 14 such evidence in the hearing before the Board, the court 15 may order such additional evidence to be taken before the 16 Board and to be made a part of the transcript. 17 18 (g) The Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so 19 taken and filed, and it shall file such modified or new find20 ings, which findings with respect to questions of fact if 21 supported by substantial evidence on the record considered 22 as a whole shall be conclusive, and its recommendations, 23 if any, for the modification or setting aside of its original 24 order. 19 1 (h) The jurisdiction of the court shall be exclusive and 2 its judgment and decree shall be final, except that the 3 same shall be subject to review by the Supreme Court of 4 the United States as provided in section 1254 of title 28 5 of the United States Code. 6 (i) The commencement of proceedings under this sec7 tion shall not, unless specifically ordered by the court, 8 operate as a stay of the Board's order. 9 TEMPORARY ENFORCEMENT OF ADMINISTRATOR'S ORDERS 10 11 PENDING DECISIONS BY THE BOARD SEC. 10. In any case in which an order of the Admin12 istrator against a person subject to this Act is appealed to 13 the Board under section 8, or in which application for en14 forcement of an order of the Administrator is made under 15 such section, the Administrator may apply to any district 16 court for the district in which the violation of section 4 or the 17 regulations and requirements promulgated thereunder was 18 alleged to have occurred, or in which the person subject 19 to this Act against whom such order was issued resides or 20 transacts business, for a restraining order, temporary injunction, or other temporary relief for the enforcement of 22 such order pending the decision of the Board. The district 21 22 23 24 court to which such application is made shall have jurisdic tion, in conformity with the Federal Rules of Civil Proce |