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CONTENTS

Public Law 404, Seventy-ninth Congress (Administrative Procedure Act)..

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Joseph H. Volpian, welfare chairman, Seafarers International Union
of North America__

Stephen J. Spingarn, supra (continued).

Capt. Alfred D. Richmond, supra (continued).
Capt. Kenneth S. Harrison, supra (continued).

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Joseph H. Volpian, supra-

Additional and supporting documents introduced:

Statement of Hon. T. M. Hand, supra-

Excerpts from Coast Guard regulations.

Memorandum regarding Administrative Procedure Act_-_.

104

105

115

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CONDUCT OF DISCIPLINARY HEARINGS BY COAST

GUARD COMMISSIONED OFFICERS

Be it enacted by the Senate and House of Representatives of the United States

of America in Congress assembled, That section 7 (a) of the Administrative Pro-

cedure Act (Public Law 404, Seventy-ninth Congress; 60 Stat. 241) is hereby

amended to read as follows:

"(a) PRESIDING OFFICERS.-There shall preside at the taking of evidence (1)

the agency, (2) one or more members of the body which comprises the agency, or

(3) one or more examiners appointed as provided in this Act or, in the case of

proceedings under section 4450 of the Revised Statutes, as amended (U. S. C.,

title 46, sec. 239), one or more commissioned officers of the Coast Guard; but

nothing in this Act shall be deemed to supersede the conduct of specified classes

of proceedings in whole or part by or before boards or other officers specially pro-

vided for by or designated pursuant to statute. The functions of all presiding

officers and of officers participating in decisions in conformity with section 8

shall be conducted in an impartial manner. Any such officer may at any time

withdraw if he deems himself disqualified; and, upon the filing in good faith of a

timely and sufficient affidavit of personal bias or disqualification of any such

officer, the agency shall determine the matter as a part of the record and decision

in the case."

SEC. 2. Section 5 (c) of the Administrative Procedure Act (Public Law 404,

Seventy-ninth Congress; 60 Stat. 240) is hereby amended to read as follows:
"(c) SEPARATION OF FUNCTIONS.-The same officers who preside at the reception
of evidence pursuant to section 7 shall make the recommended decision or initial
decision required by section 8 except where such officers become unavailable to

Hon. T. M. Hand, Representative in Congress from the State of New

Jersey--

Louis R. Harolds, general counsel, Maritime Union of America__

Joseph H. Volpian, supra-

Additional and supporting documents introduced:

Statement of Hon. T. M. Hand, supra

Excerpts from Coast Guard regulations..

Memorandum regarding Administrative Procedure Act..

104

105

115

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