Administrative Procedure Act: With Explanation, Approved June 11, 1946 |
Common terms and phrases
accordance with law adjudication Administrative Procedure Act agency hearing agency proceeding agency's Alabama Power Co amendment appear in person authorized by law cause found Commission decision or recommended declaratory judgments declaratory order denial determined effective date enforcement examiners exemption existing law expressly extent facts Federal findings and conclusions grant habeas corpus hearing and decision initial decision initial licenses interested person Interim Relief investigative or prosecuting issuance of rules legal wrong matter offers of proof official notice otherwise required parties pending petition practice preclude judicial review prescribed presiding officer provisions of section public information published pursuant to section recommended decision relevant request required by law required by section required by statute review proceedings reviewing court right to petition rule or order Sanctions and Powers scope section 10 e Senate Judiciary Committee statement statutory substantial evidence substantive rule supporting reasons Surplus Property Act thereof tion trial de novo whole record
Popular passages
Page 40 - 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 40 - Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.
Page 36 - Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial.
Page 37 - The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision...
Page 32 - ... 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 40 - When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury...
Page 14 - Save to the extent required for the disposition of ex parte matters as authorized by law, no Trial Examiner shall consult any person or party as to any fact in issue unless upon notice and opportunity for all parties to participate.
Page 11 - The notice shall include: (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved.
Page 37 - 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 17 - ... hold conferences for the settlement or simplification of the issues by consent of the parties...