Attorney General's Manual on the Administrative Procedure ActUnited States Department of Justice, 1947 - 139 pagini |
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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
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Pagina 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.
Pagina 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...
Pagina 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...
Pagina 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.
Pagina 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.
Pagina 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...
Pagina 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.
Pagina 12 - American vessels) is hereby repealed ; and, during the unlimited national emergency proclaimed by the President on May 27, 1941...
Pagina 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.
Pagina 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.