Attorney General's Manual on the Administrative Procedure ActUnited States Department of Justice, 1947 - 139 páginas |
Dentro del libro
Resultados 1-5 de 47
Página 9
... clearly the broad scope of the term " agency . " In the Senate Comparative Print of June 1945 , the term agency was explained as follows ( p . 2 ) : " It is necessary to define agency as ' authority ' rather than by name or form ...
... clearly the broad scope of the term " agency . " In the Senate Comparative Print of June 1945 , the term agency was explained as follows ( p . 2 ) : " It is necessary to define agency as ' authority ' rather than by name or form ...
Página 11
... clear from the legislative history of section 2 ( a ) that the exemption is not to be limited to functions derived from statutes which provide for expiration " on the termination of present hostilities " sic , but rather extends to all ...
... clear from the legislative history of section 2 ( a ) that the exemption is not to be limited to functions derived from statutes which provide for expiration " on the termination of present hostilities " sic , but rather extends to all ...
Página 14
... ( clearly rule making ) , this circumstance would tend to support the conclusion that agency action on such an application is rule making . More broadly , the entire Act is based upon a dichotomy between rule making and adjudication ...
... ( clearly rule making ) , this circumstance would tend to support the conclusion that agency action on such an application is rule making . More broadly , the entire Act is based upon a dichotomy between rule making and adjudication ...
Página 20
... clearly the types of applications , etc. , if any , which it re- quires to be filed with designated agency offices . STATEMENT OF PROCEDURES Section 3 ( a ) ( 2 ) provides that every agency shall separately state and currently publish ...
... clearly the types of applications , etc. , if any , which it re- quires to be filed with designated agency offices . STATEMENT OF PROCEDURES Section 3 ( a ) ( 2 ) provides that every agency shall separately state and currently publish ...
Página 25
... clear that section 3 ( c ) is not intended to open up Government files for general in- spection . The phrase " persons properly and directly concerned " is descriptive of individuals who have a legitimate and valid reason for seeking ...
... clear that section 3 ( c ) is not intended to open up Government files for general in- spection . The phrase " persons properly and directly concerned " is descriptive of individuals who have a legitimate and valid reason for seeking ...
Términos y frases comunes
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
Pasajes populares
Página 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.
Página 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...
Página 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...
Página 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.
Página 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.
Página 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...
Página 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.
Página 12 - American vessels) is hereby repealed ; and, during the unlimited national emergency proclaimed by the President on May 27, 1941...
Página 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.
Página 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.