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" ... no sanction shall be imposed or rule or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative, and substantial evidence. "
The Code of Federal Regulations of the United States of America Having ... - Page 6292
1947
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Terrorism, Asylum Issues, and U.S. Immigration Policy: Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and Refugee Affairs - 1994 - 228 pages
...reasonable opportunity to know opposing claims and to meet them.14 Notice must be 13 5 USC ยง 556(e). "The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision in accordance with section 557 of this title...
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Terrorism, Asylum Issues, and U.S. Immigration Policy: Hearing Before the ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Immigration and Refugee Affairs - 1994 - 226 pages
...crder issued except on consideration of the whole record or those parts thereof cited by * party and supported by and in accordance with the reliable, probative, and substantial evidence. The agency may, to the extent consistent with the interests of justice and the policy of the underlying...
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Compilation of Selected Acts Within the Jurisdiction of the ..., Volume 4

United States - 1995 - 396 pages
...action authorized by agency rule consistent with this subchapter. parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. The agency may, to the extent consistent with the interests of justice and the policy of the underlying...
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Public Administration and Law, Third Edition

David H. Rosenbloom, Rosemary O'Leary, Joshua Chanin - 1996 - 372 pages
...Anti-Pollution League v. Costle, 1978:881). Quoting the APA (section 556[e]), the court pointed out that "the transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision" (Seacoast Anti- Pollution League v. Costle,...
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Compilation of Selected Energy-related Legislation: Organization and ...

United States - 1997 - 404 pages
...order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. The agency may, to the extent consistent with the interests of justice and the policy of the underlying...
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Compilation of Securities Laws Within the Jurisdiction of the ..., Volume 4

United States - 1997 - 776 pages
...order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. The agency may, to the extent consistent with the interests of justice and the policy of the underlying...
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Compilation of Selected Acts Within the Jurisdiction of the ..., Volume 4

United States, United States. Congress. House. Committee on Commerce - 1999 - 772 pages
...order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. The agency may, to the extent consistent with the interests of justice and the policy of the underlying...
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Federal Administrative Procedure Sourcebook

William F. Funk, Jeffrey S. Lubbers, Charles Pou (Jr.) - 2000 - 1036 pages
...unduly repetitious evidence and no sanction shall be imposed or rule or order be issued except upon consideration of the whole record or such portions...the reliable, probative, and substantial evidence. Every party shall have the right to present his case or defense by oral or documentary evidence, to...
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A Guide to Federal Agency Adjudication

Michael Asimow - 2003 - 266 pages
...the burden of persuasion. D. Rules of Evidence The APA requires that formal adjudicatory decisions be "supported by and in accordance with the reliable, probative, and substantial evidence." Agency adjudications need not conform to the Federal Rules of Evidence, and agency adjudicators may...
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Emerging Issues in Homeland Security

William M. Thaler - 2005 - 174 pages
...formal agency adjudications are to be decided solely on the basis of record evidence. It provides that "[t]he transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision."24 The reason for this "exclusiveness of...
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