The 60th Anniversary of the Administrative Procedure Act: Where Do We Go from Here? : Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, Second Session, July 25, 2006, Volume 4U.S. Government Printing Office, 2006 - 127 pages |
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60th anniversary ABA policy ACUS adjudication provisions adjudicatory Admin administrative agencies Administrative Conference administrative judiciary administrative law judges Administrative Law Review Administrative Procedure Act administrative process adopted ALJs amended American Bar Association APA's apply Breger CANNON Cary Coglianese Chairman Chris Cannon Committee conducted Congress Congressional courts decision declaratory order declined Docket Management System e-rulemaking electronic empirical evidence evidentiary hearing evidentiary proceeding executive existing FDMS federal agencies Federal Docket Management federal government functions funding identify implementation increased informal adjudication information technology initial Internet involving issues judicial review Law Judge Conference legislative notice OIRA on-line opportunity presiding officer problems Professor Coglianese proposal development proposed rules public participation questions reauthorization recommendations record regulations Regulations.gov regulatory process required by statute role rulemaking process statutory Subcommittee on Commercial submitted substantial Type B adjudication Type B hearings United States Code
Popular passages
Page 31 - 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 repetitious evidence.
Page 24 - Although! relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the Issues, or misleading the Jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Page 25 - 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 the contrary.
Page 16 - Persons entitled to notice of an agency hearing shall be timely informed of— (1) the time, place, and nature...
Page 29 - ... (10) specifically concern the agency's issuance of a subpena, or the agency's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a particular case of formal agency adjudication pursuant to the procedures in section 554 of this title or otherwise involving a determination on the record after opportunity for a hearing.
Page 21 - ... agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (5) "rule making...
Page 27 - This subsection shall not apply in determining applications for initial licenses or to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; nor shall it be applicable in any manner to the agency or any member or members of the body comprising the agency.
Page 27 - An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review...
Page 19 - 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.
Page 26 - This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved — (1) a matter subject to a subsequent trial of the law and the facts de novo in a court...