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" Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration... "
Agriculture Decisions: Decisions of the Secretary of Agriculture Under the ... - Page 1354
by United States. Department of Agriculture - 1997
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United States Code, Volumes 23-24

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...
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 62, Parts 1-4

United States. Department of Agriculture - 2003 - 544 pages
...for the Southern District of New York's judgment, to show that Mark Alfisi bribed William J. Cashin. The Administrative Procedure Act provides, with respect...immaterial, or unduly repetitious evidence. 5 USC § 556(d). Similarly, section 1.141 (h)( 1 )(iv) of the Rules of Practice provides for the admission of evidence,...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 57

United States. Department of Agriculture - 1998 - 912 pages
...April 13, 1993 (Pet. for Recons. at 37-38). The Administrative Procedure Act provides, as follows: § 556. Hearings; presiding employees; powers and duties;...unduly repetitious evidence. 5 USC § 556(d). Section 1.141(h)(l)(iv) of the Rules of Practice provides, as follows: § 1.141 Procedure for hearing. (h)...
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 60, Parts 1-4

United States. Department of Agriculture - 2001 - 598 pages
...Pet. at 2-3.) The Administrative Procedure Act provides for the reception of evidence, as follows: § 556. Hearings; presiding employees; powers and duties;...unduly repetitious evidence. 5 USC § 556(d). Section 1.141(h)(l)(iv) of the Rules of Practice provides for the exclusion of evidence, as follows: § 1.141...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 57

United States. Department of Agriculture - 1998 - 988 pages
...of section 3.1(f) of the Standards (9 CFR § 3.1(f)) alleged in paragraph 6(a) of the Complaint. § 556. Hearings; presiding employees; powers and duties;...unduly repetitious evidence. 5 USC § 556(d). Section 1 . !41(hXl Kiv) of the Rules of Practice provides, as follows: § 1.141 Procedure for hearing. (h)...
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Decisions of the United States Department of the Interior, Volume 80

United States. Department of the Interior - 1974 - 1004 pages
...as will be shown, there is no reversible error. The Administrative Procedure Act (APA) says in part, "Any oral or documentary evidence may be received,...immaterial or unduly repetitious evidence." 5 USC §556(d) (1970). Hearsay evidence, under this provision, is admissible if it is relevant, material and not unduly...
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Decisions of the United States Department of the Interior, Volume 81

United States. Department of the Interior - 1975 - 1126 pages
...immaterial, or unduly repetitious. The pertinent part of 5 USC §556(d) provides as follows : * * * Any oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence. * * * (Italics supplied.) Administrative agencies generally are not restricted in the kind of evidence...
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Marine Laws: Navigation and Safety, Volume 1

United States - 1963 - 340 pages
...Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or...
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Decisions of the Federal Maritime Commission, Volume 23

United States. Federal Maritime Commission - 1980 - 1048 pages
...continued to follow the principle established in the Administrative Procedure Act and by case law that "[a]ny oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence." APA, 5 USC 556(d); Rule 156, 46 CFR 502.156 ("In any proceeding under the rules in this part, all evidence...
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Participation by Small Electrical Utilities in Nuclear Power: Hearings ...

United States. Congress. Joint Committee on Atomic Energy - 1968 - 656 pages
...under Section 7(c) of the Administrative Procedure Act.7 But that statute also provides in terms that "the agency as a matter of policy shall provide for...irrelevant, immaterial or unduly repetitious evidence . . .," which the Commission by regulation has done. 10 CFR § 2.743. Here again, therefore, petitioner...
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