Rules of Practice and Rules Relating to Investigations and Code of Behavior Governing Ex Parte Communications Between Persons Outside the Commission and Decisional Employees: As in Effect January 16, 1967
U.S. Government Printing Office, 1967 - 29 páginas
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30 days Administrative Procedure Act Amended appear attorney August 20 briefs in support ceedings certified Commis Commission review Commission's confidential treatment days after service deemed delegated level deny deposition determination discretion docu duly designated officer EX PARTE COMMUNICATIONS file a petition file an answer findings and conclusions formal investigative proceeding Former Rules heard pursuant initial decision interested division interrogatories issuance matter ments mission motion or application Motions and Applications notice of hearing number of copies objection offer of settlement opportunity for hearing oral argument order for proceeding order review participants party may file person entitled petition for review prescribed prior procedure proposed findings pursuant to Rule record Reply briefs request Rules of Practice Secretary Securities Exchange Act serve and file sion South Dakota specified statement suance suant subpoena duces tecum subpoenas ad testificandum testimony therein thereto tion transcript unless the Commission waived witness
Página 9 - Witnesses summoned before the Board, its member, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the United States, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the United States.
Página 10 - The testimony of the witness shall be reduced to writing by the officer before whom the deposition is taken, or under his direction, after which the deposition shall be subscribed by the witness and certified in usual form by the officer. After the deposition has been so certified it shall, together with a copy thereof made by such officer or under his direction, be forwarded by...
Página 10 - ... has been unable to procure the attendance of the witness by subpoena; or (E) upon application and notice, that such exceptional circumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
Página 16 - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Sunday nor a holiday.
Página 10 - ... unless it appears that the absence of the witness was procured by the party offering the deposition; or...
Página 15 - If any party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the...
Página 9 - ... clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
Página 8 - Limitations on postponements and adjournments. A hearing before a hearing officer shall begin at the time and place ordered by the Commission, provided that, within the limits provided by statute, the hearing officer may for good cause postpone the commencement of the hearing for not more than 30 days or change the place of hearing.
Página 10 - In writing setting forth the reasons why such depositions should be taken, the name and post office address of the witness, the matters concerning which It Is expected the witness will testify, and the time and place proposed for the taking of the deposition...