 Where any agency decision rests on official notice of a material fact not appearing in the evidence in the record, any party shall on timely request be afforded an opportunity to show the contrary.  Interstate Commerce Acts Annotated - Page 11077by United States. Interstate Commerce Commission - 1946Full view - About this book
 | United States. Interstate Commerce Commission - 1978 - 974 pages
...for official notice. It cites the Administrative Procedure Act (5 USC §556(e)) as follows: When an agency decision rests on official notice of a material fact not appearing in the evidence of record, a party is entitled, on timely request, to an opportunity to show the contrary. It requests... | |
 | United States. Interstate Commerce Commission - 1967 - 968 pages
...Administrative Procedure Act, 5 USC § 556(d) provides in part: Where any agency decision rests on offic ial notice of a material fact not appearing in the evidence...request be afforded an opportunity to show the contrary. Grossberg's affidavit states that he ha.s prepared Badger's annual report? to the Commission since... | |
 | United States. Securities and Exchange Commission - 1956 - 900 pages
...within the knowledge of the Commission as an expert body. If official notice is requested or taken of a material fact not appearing in the evidence in the record, the parties, upon timely request, shall be afforded an opportunity to establish the contrary. Rule... | |
 | 1948 - 1480 pages
...upon request. § 201.196 Decision based on matter outside of record. Where a decision rests on the official notice of a material fact not appearing in the evidence in the record, any party, on timely request, will be afforded an opportunity to show the contrary. § 201.197 Exceptions. Within... | |
 | 1939 - 1624 pages
...character peculiarly within the general knowledge of the Commission as an expert body; Provided. That any party shall, on timely request, be afforded an opportunity to show the contrary. (e) Depositions and stipulations. See §§ 1.24 and 1.25. § 1.27 Presiding officers — (a) Designation.... | |
 | 1939 - 1628 pages
...character peculiarly within the genera] knowledge of the Commission as an expert body; Provided, That any party shall, on timely request, be afforded an opportunity to show the contrary. (e) Depositions and stipulations. See §§ 1.24 and 1.25. § 1.27 Presiding officers — (a) Designation.... | |
 | United States - 1953 - 1692 pages
...of the trial examiner or any decision of the Commission, or part thereof, rests upon the taking of official notice of a material fact not appearing in the evidence in the record, any party shall, upon timely motion, be ifforded an opportunity to show the contrary. (d) Objections. Objections to... | |
 | United States. Federal Trade Commission - 1942 - 678 pages
...of the trial examiner or any decision of the Commission, or part thereof, rests upon the taking of official notice of a material fact not appearing in...evidence in the record, any party shall, on timely motion, be afforded an opportunity to show the contrary. Objections. — Objections to the evidence... | |
 | United States. Department of Agriculture - 1999 - 518 pages
...employees; powers and duties; burden of proof; evidence; record as basis of decision (e) ... When an agency decision rests on official notice of a material...fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show to the contrary. 5 USC § 556(e).... | |
 | United States - 1945 - 1138 pages
...proceeding, shall constitute the exclusive record for decision in accordance with section 1007 of this title and, upon payment of lawfully prescribed costs, shall...request be afforded an opportunity to show the contrary. (June 11, 1946, ch. 324, § 7, 60 Stat. 241.) Suction as cffuctivo six months after Juno 11, 1946,... | |
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