Major Administrative Process Problems: Hearings Before a Subcommittee of the Committee on Interstate and Foreign Commerce, House of Representatives, Eighty-sixth Congress, First Session, Panel Discussion by a Representative of Industry, of the Government, and of the Bar, June 15-19, 22-24, 26, 1959Examines exercise of adjudicatory and rulemaking authority by Federal independent regulatory commissions. Focuses on equitability of administrative procedures and the role of communication between regulatory agencies and regulated industries. |
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Page 54
... decision of the Commission . This system continued in effect until about 1918 , at which time the Commission put in ... initial procedure of the Board followed that of the Interstate Commerce Commission . Except for procedural ...
... decision of the Commission . This system continued in effect until about 1918 , at which time the Commission put in ... initial procedure of the Board followed that of the Interstate Commerce Commission . Except for procedural ...
Page 55
... initial decision setting forth an analysis of the evidence and the legal arguments , conclusions of fact and law ,. and his ultimate decision . The examiner directs the course of the proceeding from prehearing conference to the time of ...
... initial decision setting forth an analysis of the evidence and the legal arguments , conclusions of fact and law ,. and his ultimate decision . The examiner directs the course of the proceeding from prehearing conference to the time of ...
Page 56
... initial decision . It is not possible , in my opinion , to obtain from the cold type of the record the impressions gained by the examiner , and the examiner has the most complete knowledge of the case . Since the primary justification ...
... initial decision . It is not possible , in my opinion , to obtain from the cold type of the record the impressions gained by the examiner , and the examiner has the most complete knowledge of the case . Since the primary justification ...
Page 60
... initial decision . I question , however , that he should participate as an advocate after he has made his decision . I think he should be available for ques- tioning as to evidentiary matters in explanation of what he has stated or for ...
... initial decision . I question , however , that he should participate as an advocate after he has made his decision . I think he should be available for ques- tioning as to evidentiary matters in explanation of what he has stated or for ...
Page 110
... decision on the basis of the comments submitted in the record as contrasted to other types of rulemaking , where ... initial decision on all the evidence submitted orally . If the Commission wants to follow the system of written comments ...
... decision on the basis of the comments submitted in the record as contrasted to other types of rulemaking , where ... initial decision on all the evidence submitted orally . If the Commission wants to follow the system of written comments ...
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Common terms and phrases
action adjudication adjudicatory administrative agencies Administrative Procedure Act administrative process amendment appear application Arpaia attorney believe Bureau carriers certificate Chairman Civil Aeronautics Board Commis Commissioners committee Congressman contested counsel court division DOERFER DURFEE employees ex parte communications examiner's fact Federal Communications Commission Federal Power Commission Federal Trade Commission feel filed FLYNT functions GADSBY GATCHELL H. T. BROWN hearing examiner improper industry initial decision Interstate Commerce Commission investigation involved issues June 15 KUYKENDALL LEBOEUF license LISHMAN matters Members of Congress mission Natural Gas Act opinion oral argument OREN HARRIS panel discussion participate particular parties pending person position practice present President problem proceedings proposed public interest question recommendations record regulation representatives respect ROGERS of Texas role rulemaking rules sion SPRINGER statement statute subcommittee suggest talk thing tion topic views WESTWOOD
Popular passages
Page 135 - For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges...
Page 70 - ... performance of investigative or prosecuting functions for any agency. No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency...
Page 311 - Never discriminate unfairly by the dispensing of special favors: or privileges to anyone, whether for remuneration or not; and never accept, for himself or his family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his governmental duties.
Page 371 - Congress to provide for fair and impartial regulation of all modes of transportation subject to the provisions of this Act, so administered as to recognize and preserve the Inherent advantages of each; to promote safe, adequate, economical, and efficient service and foster sound economic conditions in transportation and among the several carriers...
Page 311 - Never use any information coming to him confidentially in the performance of governmental duties as a means for making private profit. 9. Expose corruption wherever discovered. 10. Uphold these principles, ever conscious that public office is a public trust.
Page 6 - The chairman may punish breaches of order and decorum, and of professional ethics on the part of counsel, by censure and exclusion from the hearings ; and the committee may cite the offender to the House for contempt.
Page 5 - All committee hearings, records, data, charts, and files shall be kept separate and distinct from the congressional office records of the member serving as chairman of the committee; and such records shall be the property of the House and all members of the House shall have access to such records.
Page 175 - To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.
Page 125 - That the Commission hereby created shall have authority to inquire into the management of the business of all common carriers subject to the provisions of this act, and shall keep itself informed as to the manner and method in which the same is conducted...
Page 537 - ... consult any person or party on any fact in issue unless upon notice and opportunity for all parties to participate; nor shall such officer be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency.