Administrative Procedure Act: With Explanation, Approved June 11, 1946Commerce Clearing House, Incorporated, 1946 - 48 páginas |
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Página 8
... example , in several provisions the expression ' good cause ' is used . The cause so specified must be interpreted by the context of the provision in which it is found and the purpose of the entire section and bill . Cause found must be ...
... example , in several provisions the expression ' good cause ' is used . The cause so specified must be interpreted by the context of the provision in which it is found and the purpose of the entire section and bill . Cause found must be ...
Página 9
... example , practically all agencies are within the scope of the provision requiring publication of agency data ( 510 ) as well as the section on rule making ( ¶ 514 ) . On the other hand , there are basic exceptions in the provisions ...
... example , practically all agencies are within the scope of the provision requiring publication of agency data ( 510 ) as well as the section on rule making ( ¶ 514 ) . On the other hand , there are basic exceptions in the provisions ...
Página 20
... example , where a statute actually precludes judicial review no right to review is created by section 10. Similarly , the section does not trespass upon matters to the extent that they have been committed by laws to the relatively abso ...
... example , where a statute actually precludes judicial review no right to review is created by section 10. Similarly , the section does not trespass upon matters to the extent that they have been committed by laws to the relatively abso ...
Página 22
... example , section 10 ( d ) authorizes a reviewing court to permit an applicant for renewal of a license to continue operating as though the licensee's original license had not expired , pending conclusion of the judicial review ...
... example , section 10 ( d ) authorizes a reviewing court to permit an applicant for renewal of a license to continue operating as though the licensee's original license had not expired , pending conclusion of the judicial review ...
Página 23
... example , statutes providing for ' reparation orders ' , in which agencies determine damages and award money judgments , usually state that the money orders issued are merely prima facie evidence in the courts and the parties subject to ...
... example , statutes providing for ' reparation orders ' , in which agencies determine damages and award money judgments , usually state that the money orders issued are merely prima facie evidence in the courts and the parties subject to ...
Términos y frases comunes
accordance with law adjudication Administrative Procedure Act agency hearing agency proceeding agency's Alabama Power Co amendment appear in person authorized by law cause found Commission decision or recommended declaratory judgments declaratory order denial determined effective date enforcement examiners exemption existing law expressly extent facts Federal findings and conclusions grant habeas corpus hearing and decision initial decision initial licenses interested person Interim Relief investigative or prosecuting issuance of rules legal wrong matter offers of proof otherwise required parties petition practice preclude judicial review prescribed presiding officer provisions of section public information published pursuant to section recommended decision relevant request required by law required by section required by statute review proceedings reviewing court right to petition rule or order Sanctions and Powers scope section 10 e sections 4 514 Senate Judiciary Committee statement statutory substantial evidence substantive rule supporting reasons Surplus Property Act thereof tion trial de novo whole record
Pasajes populares
Página 40 - To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.
Página 40 - Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.
Página 36 - Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial.
Página 37 - The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision...
Página 32 - ... agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (5) "rule making...
Página 40 - When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury...
Página 14 - Save to the extent required for the disposition of ex parte matters as authorized by law, no Trial Examiner shall consult any person or party as to any fact in issue unless upon notice and opportunity for all parties to participate.
Página 11 - The notice shall include: (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved.
Página 37 - 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.
Página 17 - ... hold conferences for the settlement or simplification of the issues by consent of the parties...