Reorganization Plan No. 1 of 1961 (SEC): Hearing Before a Subcommittee of the Committee on Banking and Currency, United States Senate, Eighty-seventh Congress, First Session, on Reorganization Plan No. 1 of 1961, Prepared in Accordance with the Reorganization Act of 1949, as Amended, and Providing for Reorganization in the Securities and Exchange Commission. June 2, 1961

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U.S. Government Printing Office, 1961 - 65 pages

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Page 63 - Prepared by the President and transmitted to the Senate and the House of Representatives In Congress assembled March 13. 1950, pursuant to the provisions of the Reorganization Act of 1949. approved June 20, 1949 DEPARTMENT OF THE TREASURY SECTION 1.
Page 59 - 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, INITIAL DECISIONS Sec.
Page 57 - States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. (b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law.
Page 57 - 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 59 - 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 61 - 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 57 - ... (B) statements of the general course and method by which its functions are channeled and determined...
Page 56 - ... rule" 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...
Page 59 - On contest, the court shall sustain the subpena or similar process or demand to the extent that it is found to be in accordance with law. In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply.
Page 57 - Agency action" includes the whole or part of every agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.

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