Manual for Administrative Law Judges: Prepared for the Administrative Conference of the United States |
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Page 5
... effect is usually outweighed by the need to preserve the conference conditions , rulings , and agreements and the better practice is to have a verbatim report . The Judge may , of course , go off the record at any tme . E. Conduct of ...
... effect is usually outweighed by the need to preserve the conference conditions , rulings , and agreements and the better practice is to have a verbatim report . The Judge may , of course , go off the record at any tme . E. Conduct of ...
Page 53
... effect are sometimes codified in agency regulations . See , e.g. , 45 C.F.R. § 81.11 ( HEW ) . 82 Stricken material is included in the transcript with an annotation of the Judge's ruling . Physically stricken material does not appear in ...
... effect are sometimes codified in agency regulations . See , e.g. , 45 C.F.R. § 81.11 ( HEW ) . 82 Stricken material is included in the transcript with an annotation of the Judge's ruling . Physically stricken material does not appear in ...
Page 61
... effect it might have on the com- munity . Although the Judge cannot answer such questions he should go out of his way to explain courteously his refusal to answer and , if possible , suggest other sources not subject to judicial ...
... effect it might have on the com- munity . Although the Judge cannot answer such questions he should go out of his way to explain courteously his refusal to answer and , if possible , suggest other sources not subject to judicial ...
Page 65
... effect to its conclusions . In some cases other actions are appropriate . For example , in franchise cases , a certificate must sometimes be issued or amended . Such documents should usually be set forth as supplements to the decision ...
... effect to its conclusions . In some cases other actions are appropriate . For example , in franchise cases , a certificate must sometimes be issued or amended . Such documents should usually be set forth as supplements to the decision ...
Page 66
... effect . It is not fair to expect the parties to answer contentions not of record . Moreover , most such contentions , however high the source , are made without benefit of the factual information developed at the hearing . A few words ...
... effect . It is not fair to expect the parties to answer contentions not of record . Moreover , most such contentions , however high the source , are made without benefit of the factual information developed at the hearing . A few words ...
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Common terms and phrases
Administrative Law Judge Administrative Procedure Act administrative proceedings agency action agency proceeding agency rules agency staff agency's AMERICA Agency Washington ANTONIN SCALIA appear APPENDIX application authority Civil Aeronautics Board claimant Commission conduct confidential copies counsel court cross-examination decision denied develop direct discussion Docket documents employee executive session exhibits facts factual Federal Communications Commission filed findings formal hearing examiners hearing the Judge interested persons involved issuance issues Judge's judicial judicial review Law Judge NOTE license Manual material matters ment MERRITT RUHLEN motion necessary objection offers of proof official notice oral argument paragraph participate parties permit petition Postal Rate Commission prehearing conference prepared presiding procedural rules proposed Public Building Service pursuant questions rebuttal recess recommended record relevant represented request section 556 Service specific statement statute stipulation submission submit subpoenas supra testimony thereof tion transcript United witness written
Popular passages
Page 114 - ... (6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; (7) investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency...
Page 15 - 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 116 - 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 114 - Executive order ; (2) related solely to the internal personnel rules and practices of an agency...
Page 112 - ... 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 116 - In instances in which private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law ; and in other instances agencies may by rule require responsive pleading.
Page 122 - 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. The reviewing court shall — (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (A) arbitrary, capricious, an abuse of discretion, or otherwise...
Page 111 - ... 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 or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices...
Page 115 - Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.
Page 115 - ... (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the 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.