Federal Regulation: Hearing Before the Subcommittee on Energy, Nuclear Proliferation, and Government Processes of the Committee on Governmental Affairs, United States Senate, Ninety-seventh Congress, First Session, Parte3

U.S. Government Printing Office, 1981
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Página 83 - 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 74 - B. contrary to constitutional right, power, privilege, or immunity; C. in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; D. without observance of procedure required by law; E. unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or F.
Página 224 - Let us have faith that right makes might, and in that faith let us to the end dare to do our duty as we understand it.
Página 90 - ... rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include (A) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, or (B) declaratory rulings issued pursuant to Section 8, or (C) intra-agency memoranda.
Página 104 - If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
Página 81 - Sec. 556(d) which allows a party "to conduct such crossexamination as may be required for full and true disclosure of the facts." It is hard to tell when cross-examination is required for full and true disclosure until after the examination. The agency probably would be forced to allow more time consuming cross-examination than is really necessary just to protect itself. If, after submission of information and rebuttal, the agency cannot reconcile conflicting information, cross-examination could...
Página 79 - 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 104 - ... not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
Página 102 - Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
Página 102 - The notice shall include : (1) a statement of the time, place, and nature of the hearing; (2) a statement of the legal authority and jurisdiction under which the hearing is to be held; (3) a reference to the particular sections of the statutes and rules involved ; (4) a short and plain statement of the matters asserted.

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