Administrative Procedure Act: Hearings, Ninetieth Congress, First Session, on S.518U.S. Government Printing Office, 1967 - 460 pages |
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89th Congress Administrative Procedure Act administrative process agency action agency appeal board agency proceeding amendment American Bar American Bar Association application authority Bar Association believe bill cedures certificate Chairman changes Civil Aeronautics Board committee companies concerned Congress contested contracts counsel delay deleted Department district court effect election employee examiner's decision exemption fact fair Federal Power Commission FENSTERWALD filed formal Government grants hearing examiners industry informal adjudication initial determinations Interstate Commerce Act Interstate Commerce Commission investigation involved irreparable injury issuance issues judicial review jurisdiction language League legislation licensing litigation loans matters ment natural gas objection officer's decision opportunity parties permit personnel practice and procedure present presiding officer problems programs proposed question recommended record regulation regulatory revision rulemaking rules section 5(b Senator LONG sentence specific staff statement statute statutory subcommittee subpenas substantial suggest Thank tion U.S. SENATE WOZENCRAFT
Popular passages
Page 255 - to 401. The Administrative Procedure Act defines "rule" to mean "the whole or any part of any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy . . . ." S. 518 strikes "or particular" before "applicability.
Page 206 - or (3) where the parties either consent or interpose no objection to the waiver of the officer's decision or (4) where the agency omits the officer's decision upon a finding upon the record that due and timely execution of its functions imperatively and unavoidably so requires." It is absolutely essential that the intermediate decision procedure
Page 263 - On the other hand, formal rulemaking could delay issuance of amendatory orders vital to the national security. We, therefore, recommend, Mr. Chairman, retention of the exception from rulemaking for matters involving "any matter relating to agency management or personnel or to public property : loans, grants, benefits, or
Page 371 - rules which an agency for good cause finds "that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest." In at least one of our programs, namely the Migratory Bird protection program, we have had to invoke annually this exemption because notice of rulemaking is "impracticable." The Migratory Bird Treaty Act, as amended (16 USC 703 et seq.)
Page 203 - or determining applications for initial licenses (1) in lieu thereof the agency may issue a tentative decision or any of its responsible officers may recommend a decision or (2) any such procedure may be omitted in any case in which the agency finds upon the record that due and timely execution of its functions imperatively and unavoidably so requires. 1
Page 54 - various monetary and fiscal operations set forth in the statement regarding this exemption which is being proposed to the Judiciary Committee for its report by the Comptroller of the Currency, the Board of Governors of the Federal
Page 443 - No sanction shall be imposed, investigation commenced, or substantitve rule or order issued except within jurisdiction delegated to the agency and as authorized by law. Any agency proceeding or investigation not within the jurisdiction delegated to the agency and authorized by law may at any time
Page 169 - The order also appropriately provides for dispensing with a recommended decision by the examiners, the case clearly being one where "due and timely execution of its functions imperatively and unavoidably so requires.
Page 242 - No sanction shall be imposed, investigation commenced, or substantive rule or order be issued except within jurisdiction delegated to the agency and as authorized by law. Any agency proceeding or investigation not within the jurisdiction delegated to the agency and authorized by law upon a
Page 382 - heard by an examiner to itself for decision upon a finding that "due and timely execution of its functions imperatively and unavoidably require that the record be certified to the Commission for initial or final decision." Subsection 409(d) provides that the provisions of Section 5(d) and of Section