United States Court of Appeals for Administration: Hearings Before a Subcommittee of the Committee on the Judiciary, United States Senate, Seventy-fifth Congress, Third Session, on S. 3676, a Bill to Establish a United States Court of Appeals for Administration to Receive, Decide, and Expedite Appeals from Federal Commissions, Administrative Authorities, and Tribunals in which the United States is a Party Or Has an Interest and for Other Purposes...U.S. Government Printing Office, 1938 - Courts |
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Page 2
... novo before a United States court . ( c ) The court shall have exclusive jurisdiction to review on appeal all final orders and decisions of the following administrative authorities and tribunals which are now subject to review by the ...
... novo before a United States court . ( c ) The court shall have exclusive jurisdiction to review on appeal all final orders and decisions of the following administrative authorities and tribunals which are now subject to review by the ...
Page 7
... novo with a duplication of the proceedings which were had before the board or commission issuing the order . In such a proceeding the findings of fact of the board or commission are evidentiary only . It should be entirely unnecessary ...
... novo with a duplication of the proceedings which were had before the board or commission issuing the order . In such a proceeding the findings of fact of the board or commission are evidentiary only . It should be entirely unnecessary ...
Page 8
... novo and the consequent delay and expense incident to a final adjudication of the controversy . The hearing before the board or commission is , or if it is not should be required to be , so complete that a hearing de novo is unnecessary ...
... novo and the consequent delay and expense incident to a final adjudication of the controversy . The hearing before the board or commission is , or if it is not should be required to be , so complete that a hearing de novo is unnecessary ...
Page 9
... novo hearing in the district courts or on appeal to the circuit courts of appeals . It would not affect the juris- diction of any existing administrative tribunal , board , commission , or authority , but would only consider appeals ...
... novo hearing in the district courts or on appeal to the circuit courts of appeals . It would not affect the juris- diction of any existing administrative tribunal , board , commission , or authority , but would only consider appeals ...
Page 19
... novo in the district courts . Senator AUSTIN . Are there any people who can give us some idea of the quantity of work that is ? Mr. SEBREE . I do not have those figures with me . I can get sub- stantially those figures for the committee ...
... novo in the district courts . Senator AUSTIN . Are there any people who can give us some idea of the quantity of work that is ? Mr. SEBREE . I do not have those figures with me . I can get sub- stantially those figures for the committee ...
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Common terms and phrases
administrative decisions administrative law administrative officers advisory opinions aggrieved person American Bar Association approved Attorney authority Board of Tax board or independent boards and commissions certiorari chairman circuit courts Commissioner Committee on Administrative Committee on Ministers common law Congress Constitution controversies Court of Appeals Court of Claims decision or order district courts District of Columbia employees enforcement evidence existing facts and decision Federal Trade Commission filed findings of fact hear and determine independent agency independent boards interest Interstate Commerce Commission intra-departmental boards issued judicial review jurisdiction legislative courts M. M. LOGAN ment party petition procedure proceedings proposed questions of law record regulation or amendment regulatory Reich Reichsrat rule or regulation rules and regulations SEBREE Senator KING Senator LOGAN Senator NORRIS Stat statute statutory Supreme Court Tax Appeals thereof tion Treasury trial de novo U. S. Code United States Circuit United States Court
Popular passages
Page 22 - the head of each department is authorized to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers and property appertaining to it.
Page 32 - If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the...
Page 32 - ... (d) The evidence so taken or admitted, duly certified and filed as aforesaid as a part of the record, shall be considered by the court as the evidence in the case. The proceedings in such cases in the circuit court of appeals shall be made a preferred cause and shall be expedited in every way.
Page 39 - Court orders a rehearing; or if the case is remanded by the circuit court of appeals to the Commission for a rehearing, and if (1) the time allowed for filing a petition for certiorari has expired, and no such petition has been duly filed, or (2) the petition for certiorari has been denied, or (3) the decision of the court has been affirmed by the Supreme Court, then the order of the Commission...
Page 40 - System, notwithstanding that such rule or regulation may, after such act or omission, be amended or rescinded or be determined by judicial or other authority to be invalid for any reason.
Page 26 - ... any documentary evidence of any corporation being investigated or proceeded against; and the commission shall have power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation.
Page 35 - The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Commission shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (USC, title 28, sees. 346 and 347).
Page 32 - ... by the Supreme Court of the United States upon writ of certiorari or certification as provided in sections 239 and 240 of the Judicial Code, as amended (USC, title 28, sees. 346 and 347).
Page 35 - No objection to the order of the Commission shall be considered by the court unless such objection shall have been urged before the Commission or unless; there were reasonable grounds for failure so to do.
Page 33 - The fundamental principle is that a man may not be a judge in his own cause.