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, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly... Decisions of the Department of the Interior - Page 241by United States. Department of the Interior - 1957Full view - About this book
| United States. Interstate Commerce Commission - 1950 - 1482 pages
...relating to evidence, has been violated. In substance, that section provides, among other matters, that the proponent of a rule or order shall have the burden of proof. On brief, the Bureau took a definite position, and now advocates the adoption of certain specific rules.... | |
| United States. National Labor Relations Board - 1968 - 1432 pages
...Cir., 1956, 238 F.2d 211. "Section 7(c) of the Administrative Procedure Act, 5 USCA 8 1006, provides: "[T]he proponent of a rule or order shall have the burden of proof • • • and no sanction shall be Imposed or rule or order be Issued except upon consideration of... | |
| United States. Congress. House. Committee on Interstate and Foreign Commerce - 1946 - 610 pages
...Right of review (b) Form and venue (c) Reviewable acts (d) Interim relief (e) Scope of review .(e) Evidence. — Except as statutes otherwise provide, the proponent of a rule or order lias the burden of proof. While any evidence may be received, as a matter of policy agencies are required... | |
| United States. Congress. House. Committee on the Judiciary - 1946 - 328 pages
...matters, and (8) make decisions or recommended decisions in conformity with section 8. {c) EVIDENCE. — The proponent of 'a rule or order shall have the burden of proceeding except as statutes otherwise provide. The conduct of every person or status <of any enterprise... | |
| United States. Department of Justice - 1947 - 156 pages
...ruling. SECTION 7(c) — EVIDENCE Burden of proof. The first sentence of section 7(c) provides that "Except as statutes otherwise provide, the proponent...of a rule or order shall have the burden of proof." In the Senate Comparative Print, June 1945, p. 15 (Sen. Doc. p. 31), it is stated that "The provision... | |
| United States. Interstate Commerce Commission - 1952 - 1334 pages
...relating to evidence, has been violated. In substance, that section provides, among other matters, that the proponent of a rule or order shall have the burden of proof. On brief, the Bureau took a definite position, and now advocates the adoption of certain specific rules.... | |
| United States. Congress. Joint Committee on Atomic Energy - 1953 - 108 pages
...(9) take any other action authorized by agency rule consistent with this Act. (c) EVIDENCE.—Except as statutes otherwise provide, the proponent of a...but every agency shall as a matter of policy provide rfor the exclusion of irrelevant, immaterial, or unduly repetitious evidence and no sanction shall... | |
| United States. Congress. Senate. Committee on Commerce - 1953 - 1436 pages
...of the Administrative Procedure Act. Appellants in No. 35 point to the requirement of $7 (c), that "the proponent of a rule or order shall have the burden of proof," and insist that the Commission, or its Motor Carriers Bureau which drew up si'gg»sted rules published... | |
| United States. Congress. House. Committee on Education and Labor - 1953 - 440 pages
...the Taft-Hartley amendments to buttress the command of the Administrative Procedure Act of 1946 that "the proponent of a rule or order shall have the burden of proof" (sec. 7 (c)). Notwithstanding these clear expressions of congressional purpose, the National Labor... | |
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