Manual for Administrative Law JudgesAdministrative Conference of the United States, 1974 - 125 páginas |
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Página 24
... finding that the allowance of an appeal is necessary to prevent substantial detriment to the public interest or undue prejudice to any party . Such rulings are subject to 43 43 See , e.g. , FTC , 16 C.F.R. § 3.23 ( b ) ( 1973 ) and FCC ...
... finding that the allowance of an appeal is necessary to prevent substantial detriment to the public interest or undue prejudice to any party . Such rulings are subject to 43 43 See , e.g. , FTC , 16 C.F.R. § 3.23 ( b ) ( 1973 ) and FCC ...
Página 43
... findings and conclusions to the Judge ; 72 it does not require that they be in writing but that is the usual practice in most agencies . In the event the Judge wishes to substitute oral argument for briefs he should either notify the ...
... findings and conclusions to the Judge ; 72 it does not require that they be in writing but that is the usual practice in most agencies . In the event the Judge wishes to substitute oral argument for briefs he should either notify the ...
Página 62
... findings of fact and conclusions of law . He should submit it to the agency and serve it upon all parties in accordance with agency practice . 1 A. Oral Decision In cases involving few parties , limited issues , and short hearings the ...
... findings of fact and conclusions of law . He should submit it to the agency and serve it upon all parties in accordance with agency practice . 1 A. Oral Decision In cases involving few parties , limited issues , and short hearings the ...
Página 64
... findings and conclusions have been sub- mitted the Judge's ruling upon each of them should be apparent from his decision 88 but he need not refer to each of them specifically . " Likewise , insignificant or irrelevant issues raised by ...
... findings and conclusions have been sub- mitted the Judge's ruling upon each of them should be apparent from his decision 88 but he need not refer to each of them specifically . " Likewise , insignificant or irrelevant issues raised by ...
Página 66
... finding relevant agency authority . Some agencies maintain a list of all their cases appealed to the courts ; the Judge should keep a cur- rent copy , or urge the preparation of such a list if it does not yet exist . He may also seek ...
... finding relevant agency authority . Some agencies maintain a list of all their cases appealed to the courts ; the Judge should keep a cur- rent copy , or urge the preparation of such a list if it does not yet exist . He may also seek ...
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Términos y frases comunes
administrative hearing Administrative Law Judge Administrative Procedure Act administrative proceedings agency action agency rules agency staff agency's AMERICA Agency Washington appear Appendix application authority Castle Airport Civil Aeronautics Board Commission conduct confidential copies counsel court cross-examination decision denied develop direct discussion Docket documents example exchange executive session exhibits facts factual Federal filed findings frequently hearing examiners hearing room hearing the Judge interested persons Interlocutory Appeal Interstate Commerce Commission involved issues Judge may require Judge should establish Judge's judicial Lakes Airlines material matters ment necessary NLRB objections obtain offer of proof official notice oral argument participate permit petition Postal Rate Commission prehearing conference Prehearing Procedures prepared procedural rules proposed pursuant questions recess record relevant represented request sample Service sometimes specific statement statute stipulations subpoenas subpoenas ad testificandum supra testimony tion transcript United usually witness written
Pasajes populares
Página 115 - ... (6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (7) investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency...
Página 17 - 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 120 - 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 117 - An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review...
Página 115 - Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, upon any request for records which (A) reasonably describes such records and (B) is made in accordance with published rules stating the time, place, fees (if any), and procedures to be followed, shall make the records promptly available to any person.
Página 122 - For the purpose of this subchapter — (1) ' agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include — (A) the Congress...
Página 115 - Executive order ; (2) related solely to the internal personnel rules and practices of an agency...
Página 113 - ... means agency process for formulating, amending, or repealing a rule; (6) "order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing...
Página 118 - ... shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply.
Página 119 - The presiding officer may at any time withdraw as presiding officer in a proceeding if he deems himself to be disqualified. Upon the filing by an interested person in good faith of a timely and sufficient affidavit of personal bias or disqualification of a presiding...