 | United States. Interstate Commerce Commission - 1977 - 948 pages
...hearing be utilized at the Commission's discretion. 2 5 USC 556(d) states, in pertinent part, as follows: Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. ln this regard, it was asserted that an oral hearing would be useful if cross examination were necessary... | |
 | United States. Federal Maritime Commission - 1963 - 946 pages
...(c) : EVIDENCE. — Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof. Any oral or documentary evidence may be received, but every agency shall as a matter of policy provide for the exclusion of Irrelevant, Immaterial, or unduly... | |
 | United States - 1995 - 1088 pages
...effective resolution of such issues. Any oral or~ documentary evidence may be received, but the Secretary as a matter of policy shall provide for the exclusion...irrelevant, immaterial, or unduly repetitious evidence. (2) A rule or order subject to this section may not be issued except on consideration of the whole... | |
 | United States. Department of Agriculture - 1998 - 988 pages
...presiding employees; powers and duties; burden of proof; evidence; record as basis of decision (d) ... Any oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence. 5 USC § 556(d). Section 1 . !41(hXl Kiv) of the Rules of Practice provides, as follows: § 1.141 Procedure... | |
 | United States. Department of Agriculture - 2001 - 598 pages
...presiding employees; powers and duties; burden of proof; evidence; record as basis of decision (d) ... Any oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence. 5 USC § 556(d). Section 1.141(h)(l)(iv) of the Rules of Practice provides for the exclusion of evidence,... | |
 | United States. Department of Agriculture - 1998 - 912 pages
...Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision (d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. . . . 5 USC § 556(d) (emphasis added). Complainant, as proponent of an order in this proceeding, has... | |
 | United States. Civil Aeronautics Board - 1973 - 992 pages
...take the position that in view of the requirement of 5 USC 556(d) (Administrative Procedure Act) that "the proponent of a rule or order has the burden of proof," the failure of the Board or the Bureau of Operating Rights to introduce any evidence into the case... | |
 | United States - 1945 - 1138 pages
...this chapter. (c) Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof. Any oral or documentary evidence may be received, but every agency shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly... | |
 | United States, Commerce Clearing House - 1946 - 56 pages
...HI532] (c) EVIDENCE.—Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof. Any oral or documentary evidence may be received, but every agency shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly... | |
 | United States. Interstate Commerce Commission - 1946 - 630 pages
...(c) EVIDENCE. — Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof. Any oral or documentary evidence may be received, but every agency shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly... | |
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Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof. 
