Administrative Procedure Act: Hearing, 89-1, July 6, 1965

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Página 5 - The reviewing court shall: 1 . compel agency action unlawfully withheld or unreasonably delayed; and 2. hold unlawful and set aside agency action, findings, and conclusions found to be: a) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; b) contrary to constitutional right, power, privilege, or immunity; c) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right...
Página 55 - 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.
Página 1 - ... person" includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) "party" includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) "rule...
Página 56 - The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision...
Página 45 - Columbia; or except as to the requirements of section 552 of this title. (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or...
Página 3 - When an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary.
Página 58 - ... 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.
Página 16 - Myself when young did eagerly frequent Doctor and Saint, and heard great argument About it and about : but evermore Came out by the same door where in I went...
Página 54 - 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...
Página 32 - Ah Love! could you and I with Him conspire To grasp this sorry Scheme of Things entire, Would not we shatter it to bits — and then Re-mould it nearer to the Heart's Desire!

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