VA Administrative Procedure and Judicial Review Act: Hearings Before the Committee on Veterans' Affairs, United States Senate, Ninety-fifth Congress, First Session, on S. 364 and Related Bills

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Page 577 - 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 577 - This section applies, according to the provisions thereof, in every case of adjudication required by statute to 'be determined on the record after opportunity for an agency hearing...
Page 315 - ... the decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans and their dependents or survivors shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction to review any such decision by an action in the nature of mandamus or otherwise.
Page 69 - In determining the amount of the fee, it is proper to consider : (1) the time and labor required...
Page 435 - Factors to be considered as guides in determining the reasonableness of a fee include the following: (1) The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly. (2) The likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer.
Page 243 - 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 260 - For the purpose of this subchapter — (1) ' agency" means each authority of the Government of the United States, whether or not it is within or subject to review by another agency...
Page 365 - All decisions rendered by the Administrator of Veterans' Affairs under the provisions of this title, or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and no other official or court of the United States shall have jurisdiction to review by mandamus or otherwise any such decision. SEC. 6. In addition to the pensions provided in this title, the Administrator of Veterans...
Page 177 - Affairs under the provisions ... of this title or the regulations issued pursuant thereto, shall be final and conclusive on all questions of law and fact, and no other official or court of the United States shall have jurisdiction to review by mandamus or otherwise any such decision." In 1940 Congress by a further Act, 54 Stat. 1197, 38 USC lla-2, provided that: "Notwithstanding- any other provisions of law, . . . the decisions of the Administrator of Veterans...
Page 11 - must do more than create a suspicion of the existence of the fact to be established. * * * it must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury.

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