---
kind: "section"
citation: "46 U.S.C. § 41304"
title: "46"
title_heading: "Shipping"
number: "41304"
heading: "Hearings and orders"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/41304"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part A — Ocean Shipping"
  - "Chapter 413 — Enforcement"
---

# §41304. Hearings and orders

- (a) **Opportunity for Hearing.—** The Federal Maritime [Commission](/usc/46/42501.md?p=1) 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](/usc/46/42501.md?p=1) may reverse, suspend, or modify any of its orders.
- (c) **Rehearing.—** On application of a party to a proceeding, the [Commission](/usc/46/42501.md?p=1) may grant a rehearing of the same or any matter determined in the proceeding. Except by order of the [Commission](/usc/46/42501.md?p=1), a rehearing does not operate as a stay of an order.
- (d) **Period of Effectiveness.—** An order of the [Commission](/usc/46/42501.md?p=1) remains in effect for the period specified in the order or until suspended, modified, or set aside by the [Commission](/usc/46/42501.md?p=1) or a court of competent jurisdiction.

## Source credit

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

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | 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.