Manual for Administrative Law Judges: Prepared for the Administrative Conference of the United States |
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Page viii
... SUBMISSION OF APPEAL TO THE AGENCY BY THE ADMINISTRATIVE LAW JUDGE ... APPENDIX 9 — ADMINISTRATIVE LAW JUDGE'S 93 QUESTIONS 94 APPENDIX 10 - ORDER GRANTING , DENYING , AND DISMISSING PETITIONS TO INTERVENE 95 ... APPENDIX 11 - NOTICE OF ...
... SUBMISSION OF APPEAL TO THE AGENCY BY THE ADMINISTRATIVE LAW JUDGE ... APPENDIX 9 — ADMINISTRATIVE LAW JUDGE'S 93 QUESTIONS 94 APPENDIX 10 - ORDER GRANTING , DENYING , AND DISMISSING PETITIONS TO INTERVENE 95 ... APPENDIX 11 - NOTICE OF ...
Page 3
... submission of evidence before hearing , stipulations , and various forms of discovery . Requiring only a day or two as compared to days and weeks of hearing , a well - run con- ference can make succeeding steps easier for all parties ...
... submission of evidence before hearing , stipulations , and various forms of discovery . Requiring only a day or two as compared to days and weeks of hearing , a well - run con- ference can make succeeding steps easier for all parties ...
Page 6
... submit proposals for modi- fication , clarification , or limitation . After discussion , the Judge should rule on these matters and the conference should continue on that basis . ( If the agency should later disagree , a further ...
... submit proposals for modi- fication , clarification , or limitation . After discussion , the Judge should rule on these matters and the conference should continue on that basis . ( If the agency should later disagree , a further ...
Page 10
... submit prior to the hearing such material as a list of witnesses , a description of 25 Appendix 6 is a sample interlocutory order . 26 Appendix 7 is a sample prehearing instructions to the parties . the documents to be offered in ...
... submit prior to the hearing such material as a list of witnesses , a description of 25 Appendix 6 is a sample interlocutory order . 26 Appendix 7 is a sample prehearing instructions to the parties . the documents to be offered in ...
Page 12
... submit to discovery . This may consist of subpoenas ad testificandum and duces tecum , depositions , written interrogatories , inspections , examinations , requests for admissions , the production of documents or things , or the ...
... submit to discovery . This may consist of subpoenas ad testificandum and duces tecum , depositions , written interrogatories , inspections , examinations , requests for admissions , the production of documents or things , or the ...
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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.