Administrative Procedure: Administrative Procedure Provisions of Title 5, United States Code (formerly the Administrative Procedure Act), and Certain Related Provisions of Law |
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Common terms and phrases
accordance with section additional evidence Administrative Procedure Act agency action agency hearing agency proceeding agency rule agency shall give applications for initial appointed under section Attorney authorized by law available or published certified chapter conducted in accordance court of appeals declaratory denial district court District of Columbia enjoin extent Federal Communications Commission Federal Maritime Commission Federal Register final determination final orders findings hearing examiner appointed hearing is required initial decision interlocutory injunction intervenor judicial review jurisdiction Maritime Administration matter notice officer concerned pending petition to review petitioner for review prehearing conference preside at hearings presiding employee proceeding to review provisions thereof qualified as provided recommend decisions record after opportunity record on review represent a person request required by law required by statute review or enforce review or respondent reviewing court sanction section applies sections 556 Source statements of policy subject to review substantive rule tion UNITED STATES CODE writ of certiorari
Popular passages
Page 5 - ... investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency...
Page 9 - Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
Page 9 - The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, shall constitute the exclusive record for decision in accordance with section 8 and, upon payment of lawfully prescribed costs, shall be made available to the parties.
Page 7 - An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review...
Page 11 - Columbia; or except as to the requirements of section 552 of this title. (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them...
Page 8 - A presiding or participating employee may at any time disqualify himself. On the filing in good faith of a timely and sufficient affidavit of personal bias or other disqualification of a presiding or participating employee, the agency shall determine the matter as a part of the record and decision in the case.
Page 5 - Executive order ; (2) related solely to the internal personnel rules and practices of an agency...
Page 9 - Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof.
Page 3 - ... means agency process for formulating, amending, or repealing a rule; (6) "order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing...
Page 2 - ... means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate of financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices...