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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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A Guide to Federal Agency Adjudication

Michael Asimow - 2003 - 246 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, Keith Bea - 2005 - 162 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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Governing Power: A New Institution of Governance, the Experience with ...

S. L. Rao - 2004 - 484 pages
...appeal to the agency itself, and for the purposes of judicial review. It requires a complete record of the 'transcript of testimony and exhibits, together with all papers and requests filed in the proceedings'. See Administrative Procedure Act S. 7 (d). over the increase in local telephone call...
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Whistleblower Law: A Guide to Legal Protections for Corporate Employees

Stephen Martin Kohn, Michael D. Kohn, David K. Colapinto - 2004 - 285 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. ... A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal...
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The Code of Federal Regulations of the United States of America

2004
...payment of proper costs, procure a copy of transcript thereof. [Rule 168.] 502.169 Record of decision. The transcript of testimony and exhibits, together...shall constitute the exclusive record for decision. [Rule 169.] Subpart K Shortened Procedure 502.181 Selection of cases for shortened procedure;...
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The 60th Anniversary of the Administrative Procedure Act: Where Do ..., Volume 4

United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law - 2006 - 127 pages
...existing APA 557(d). See Guidebook 1I.04. *: Proposed APA 554(e)(5) also incorporates APA g556(e): "The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision. . When an agency decision rests on official...
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Bureaucracy and the Policy Process: Keeping the Promises

Dennis D. Riley, Bryan E. Brophy-Baermann - 2006 - 399 pages
...actions. Section 556 of the APA specifies that the record of an on-the-record proceeding shall consist of "the transcript of testimony and exhibits, together with all papers and requests filed in the proceeding. " That can be a pretty formidable pile of papers, and as in the case of the 7,500-plus...
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The Code of Federal Regulations of the United States of America

...or procure a copy of transcript thereof on payment of proper costs. 201.150 Record for decision. The transcript of testimony and exhibits, together with all papers and requests (except the correspondence section of the docket), including rulings and any recommended or initial...
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A Guide to Federal Agency Rulemaking

Jeffrey S. Lubbers - 2006 - 702 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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