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" 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... "
Administrative Procedure Act: Hearings, Ninetieth Congress, First Session ... - Page 206
by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Practice and Procedure - 1967 - 460 pages
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Interstate Commerce Commission Reports: Reports and Decisions of the ...

United States. Interstate Commerce Commission - 1949 - 1144 pages
...Act provides that the proposed report may be omitted in any such proceeding in which the agency finds upon the record that due and timely execution of its...functions imperatively and unavoidably So requires. In the absence of an agreement for a proposed report procedure in this case, the examiner expressed...
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Interstate Commerce Commission Reports: Reports and Decisions of ..., Volume 295

United States. Interstate Commerce Commission - 1959 - 940 pages
...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. Other contentions of intervener in opposition to omission of a decision by thisdivision are that the...
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United States Code Annotated, Volumes 5-6

United States - 1927 - 658 pages
...application for initial license the report of hearing examiner may be omitted where agency finds on record that due and timely execution of its functions imperatively and unavoidably so requires. Brotherhood of Locomotive Bngineers. v. US, DCOhio 1963, 217 F. Sunp. 98. Subsection (b) of this section...
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Interstate Commerce Acts Annotated

United States. Interstate Commerce Commission - 1930 - 674 pages
...Procedure Ast providE that proposed report may be omitted in such proceedings when the agency duds upon tin record that due and timely execution of its functions imperatively and unavoidably so requir. Omission of proposed report in proposed increased interstate commutation fries Is requiredZersey...
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Interstate Commerce Acts Annotated

United States. Interstate Commerce Commission - 1930 - 826 pages
...Initial decision without awaiting a tentative decision and recommendation by the examiner, provided "that due and timely execution of Its functions Imperatively and unavoidably" so required ; Its action was not arbitrary. As examiner advised counsel at conclusion of hearings that...
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Rules and Regulations, Part 13

United States. Federal Communications Commission - 1982 - 188 pages
...decision. (a) Where the presiding officer is available to the Commission, and where the Commission finds upon the record that due and timely execution of its...functions imperatively and unavoidably so requires, the Commission may direct that the record in a pending proceeding be certified to it for initial or...
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Rules and Regulations, Part 13

United States. Federal Communications Commission - 160 pages
...decision. (a) Where the presiding officer is available to the Commission, and where the Commission finds upon the record that due and timely execution of its...functions imperatively and unavoidably so requires, the Commission may direct that the record in a pending proceeding be certified to it for initial or...
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Legislative Calendar, Volume 75

United States. Congress. Senate. Committee on Finance - 1961 - 1286 pages
...except where such person or persons become unavailable to the Commission or where the Commission finds upon the record 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. Exceptions. 5...
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Federal Power Commission Laws and Hydroelectric Power Development Laws

United States - 1955 - 68 pages
...the Commission, with or without request or motion therefor, may render the decision upon a finding on the record that due and timely execution of its functions imperatively and unavoidably so requires. (3) Eequests for waiver and omission of the intermediate decision procedure shall be by motion filed...
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Agriculture Decisions: Decisions of the Secretary of ..., Volume 50, Part 1

United States. Department of Agriculture - 1991 - 848 pages
...may recommend a decision; or (2) this procedure may be omitted in a case in which the agency finds on the record that due and timely execution of its functions imperatively and unavoidably so requires. (c) Before a recommended, initial, or tentative decision, or a decision on agency review of the decision...
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