...request, to an opportunity to show to the contrary." Yet, even the APA provides in the same Section that "Any oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence." Probably something is to be learned from the procedures and practices of the National Transportation...

...relevant to note that under former sec. 7 of the Administrative Procedure Act, now 5 USC sec. 556 (d), the proponent of a rule or order has the burden of proof (eicept where statutes provide otherwise). Relevant congressional committee reports commented that...

...Board of Review, but also with the philosophy of the Administrative Procedures Act, which provides that "except as otherwise provided by statute, the 'proponent of a rule or order has the burden of proof" (5 USC 556). The Bureau's proof, in the ordinary case, will consist of evidence concerning the condition...

...thti title ; and (9) take other action authorized by agency rule consistent with this «*• chapter. (d) Except as otherwise provided by statute, the proponent of a rule or order las the burden of proof. Any oral or documentary evidence may be received, »ut the agency as a matter...

...this title: and <9> take other action authorized by agency rule c;msistt'iit with this subchapter. <d) Except as otherwise provided by statute, the proponent...received but the agency as a matter of policy shall proud* for the exclusion of irrelevant, immaterial, or imenrj repetitious evidence A sanction may not...

...of this title; and (9) take other action authorized by agency rule consistent with this subchapter. (d) Except as otherwise provided by statute, the proponent...Any oral or documentary evidence may be received, bat the agency as a matter of policy shall provide for the exclusion of irrelevant; immaterial, or...

...to the passage of Section 204, the Administrative Procedure Act was enacted with the provision that "Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof." 5 USC 556 (d) Thus, it would appear clear that in any tariff proceeding in which the carrier seeks...

...there noted, the pertinent provision of the Administrative Procedure Act, 5 USC §556(d), provides: "Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof." (Emphasis added). "The petitioners and the dissent would distinguish away the cited decisions on their...

...best utilized to promote good service? Answer. Under the Administrative Procedure Act, 5 USC §556(d), the proponent of a rule or order has the burden of proof. The Commission has, within my knowledge, followed this requirement. See, eg, Hudson Transit Lines v....

...employees; powers and duties; burden of proof ; evidence ; record as basis of decision (a) * * * ******* (d) Except as otherwise provided by statute, the proponent...oral or documentary evidence may be received, but the apency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious...