Regulatory Procedures Act of 1981: Hearings Before the Subcommittee on Administrative Law and Governmental Relations of the Committee on the Judiciary, House of Representatives, Ninety-seventh Congress, First Session, on H.R. 746 ... March 24, April 2, 7, 30, May 5, 7, 14, 19, and September 10, 1981U.S. Government Printing Office, 1982 - 999 páginas |
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Página 28
... issues of conflict , duplication or overlap . The Select Committee could report to the House when it objects to an agency rule , on the following bases : ( 1 ) Arbitrary , capricious or unreasonable rule ; ( 2 ) The rule conflicts with ...
... issues of conflict , duplication or overlap . The Select Committee could report to the House when it objects to an agency rule , on the following bases : ( 1 ) Arbitrary , capricious or unreasonable rule ; ( 2 ) The rule conflicts with ...
Página 55
... issues courts consider- questions of fact , questions of law , and questions of policy . Under this bill , the court would determine for itself how an issue should be characterized and then apply the following standards : For questions ...
... issues courts consider- questions of fact , questions of law , and questions of policy . Under this bill , the court would determine for itself how an issue should be characterized and then apply the following standards : For questions ...
Página 62
... issues , the courts must independently define the issues and reexamine independently the ques- tions of law involved ; at the same time , the courts should recognize the primary role of the agency with respect to choice of policy ...
... issues , the courts must independently define the issues and reexamine independently the ques- tions of law involved ; at the same time , the courts should recognize the primary role of the agency with respect to choice of policy ...
Página 68
... issues . Under my bill a neutral government body - the administrative conference of the United States - would propose issues for consideration by nongovernmental regula- tory negotiation commissions and would accept applications for ...
... issues . Under my bill a neutral government body - the administrative conference of the United States - would propose issues for consideration by nongovernmental regula- tory negotiation commissions and would accept applications for ...
Página 78
... issues of fact to try , FPC v . Texaco , Inc. , 337 U.S. 33 ( 1964 ) , and even where facts are in issue it permits the agencies in rulemaking , initial licensing , and the adjudication of claims " when a party will not be prejudiced ...
... issues of fact to try , FPC v . Texaco , Inc. , 337 U.S. 33 ( 1964 ) , and even where facts are in issue it permits the agencies in rulemaking , initial licensing , and the adjudication of claims " when a party will not be prejudiced ...
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96th Congress additional Administrative Law Administrative Procedure Act adopted agency action agency rules agency's AIHC apply authority believe benefits bill Bumpers amendment carcinogens Chairman Commission compliance concern Congress Congressional consider cost-benefit cost-benefit analysis costs DANIELSON decision delay determine disapproval economic effect enacted executive branch Executive Order exemption fact factual federal agencies Federal Communications Commission going hearing House impact independent agencies industry informal rulemaking interest Internal Revenue Service interpretation involved IRLG issues judicial review language legislative veto major rules McClory ment MOORHEAD notice objectives organic statutes OSHA oversight President presumption problem programs promulgated proposed rule questions of law reason recommendations record regulations regulatory agencies regulatory analysis regulatory process regulatory reform require resolution responsibility reviewing court rulemaking file rulemaking proceedings section 553 Senate specific standards statement statute statutory Subcommittee substantial support suggest testimony Thank tion tive
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Página 823 - For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges...
Página 170 - Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.
Página 320 - occupational safety and health standard" means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.
Página 165 - Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense...
Página 51 - When faced with a problem of statutory construction, this Court shows great deference to the interpretation given the statute by the officers or agency charged with its administration.
Página 80 - Except when notice or hearing is required by statute, this subsection does not apply— ******* (B) when the agency for good cause finds that notice and public procedure thereon would be impracticable, unnecessary, or contrary to the public interest (including national interest factors if a military or foreign affairs function is involved).
Página 867 - Committee on the Judiciary. On January 29, 1980 I testified before the Subcommittee on Administrative Law and Governmental Relations of the House Committee on the Judiciary on HR 3263 and HR 4233, and on April 17, 1980 before the Committee on Post Office and Civil Service of the House of Representatives on HR 6768.
Página 183 - 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 pursuant to section...
Página 183 - ... consult a person or party on a fact in issue, unless on notice and opportunity for all parties to participate; or 2. be responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecutingfunctions for an agency. An employee or agent engaged in the performance of investigative or prosecuting functions for an agency...
Página 317 - Agency, the Occupational Safety and Health Administration, the Mine Safety and Health Administration, and the Consumer Product Safety Commission.