Attorney General's Manual on the Administrative Procedure Act |
From inside the book
Results 1-5 of 19
Page 15
... recommended decision required by section 8. Also , in such adjudicatory cases , the agency officers who performed investigative or prosecuting functions in that or a factually related case may not participate in the making of decisions ...
... recommended decision required by section 8. Also , in such adjudicatory cases , the agency officers who performed investigative or prosecuting functions in that or a factually related case may not participate in the making of decisions ...
Page 53
... decision or recommended decision as the case may be . Thus , apart from the exceptions referred to above , the officer who presides at the adjudicatory hearing and hears the evidence must prepare the initial or recommended decision , as ...
... decision or recommended decision as the case may be . Thus , apart from the exceptions referred to above , the officer who presides at the adjudicatory hearing and hears the evidence must prepare the initial or recommended decision , as ...
Page 54
... decision , recommend- ed decision , or agency review pursuant to section 8 except as witness or counsel in public ... recommended decision by the hearing officer . The broad purpose of the second sentence is to assure that hearings be ...
... decision , recommend- ed decision , or agency review pursuant to section 8 except as witness or counsel in public ... recommended decision by the hearing officer . The broad purpose of the second sentence is to assure that hearings be ...
Page 55
... recommended decision and one that better reflects the views of the agency on questions of law and policy . Thus , the parties are better advised on the real issues that must be met in the subsequent procedure before final decision . See ...
... recommended decision and one that better reflects the views of the agency on questions of law and policy . Thus , the parties are better advised on the real issues that must be met in the subsequent procedure before final decision . See ...
Page 56
... decision , recommended decision , or agency review pursuant to section 8 except as witness or counsel in public proceedings . " Thus , on " agency review " , the agency heads , as well as the hearing examiner , will be precluded from ...
... decision , recommended decision , or agency review pursuant to section 8 except as witness or counsel in public proceedings . " Thus , on " agency review " , the agency heads , as well as the hearing examiner , will be precluded from ...
Common terms and phrases
92 Cong adjudication adjudicatory Administrative Procedure Act agency action agency hearing agency proceeding agency's appear applications for initial certiorari Civil Aeronautics Act Commission conduct confidential Congress declaratory judgment denial determining applications employee example exception exemption existing law fact factually related Federal Power Act Federal Register filed Government H.R. Rep hearing officer includes informal initial decision initial licenses intended interested persons Interstate Commerce Commission investigative or prosecuting issuance judicial review Labor Relations Board legislative history Lukens Steel Co matter National Labor Relations notice parties phrase preclude prescribed present Print of June prior prosecuting functions provides provisions of section public rule published pursuant to section recommended decision record after opportunity relevant required by statute requirements of section reviewing court rule making proceedings second sentence section 5(c Senate Comparative Print Senate Hearings 1941 sentence of section specifically statement subject to section subpenas substantive rules thereof tion trial de novo
Popular passages
Page 77 - Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
Page 40 - This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing...
Page 54 - ... performance of investigative or prosecuting functions for any agency. No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency...
Page 130 - No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 8 except as witness or counsel in public proceedings.
Page 79 - Where any agency decision rests on official notice of a material fact not appearing in the evidence in the record, any party shall on timely request be afforded an opportunity to show the contrary.
Page 31 - After notice required by this section, the agency shall afford interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity to present the same orally in any manner...
Page 46 - ... (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
Page 12 - American vessels) is hereby repealed ; and, during the unlimited national emergency proclaimed by the President on May 27, 1941...
Page 130 - ... responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency.
Page 127 - Except to the extent that there is involved (1) any function of the United States requiring secrecy in the public interest or (2) any matter relating solely to the internal management of an agency — (a) Rules.