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 |
From inside the book
Results 1-5 of 100
Page 2
... matter how effectively an agency may be man- aged , injustices will inevitably occur . However , this realization should not inhibit us from attempting in every reasonable and practical way to structure the VA in order to assure that ...
... matter how effectively an agency may be man- aged , injustices will inevitably occur . However , this realization should not inhibit us from attempting in every reasonable and practical way to structure the VA in order to assure that ...
Page 3
... matter . These are the first congressional hearings on judicial review held since 1963 , and the first hearings on judicial review ever held by the Senate Committee on Veterans ' Affairs . We have an extensive witness list . I will ask ...
... matter . These are the first congressional hearings on judicial review held since 1963 , and the first hearings on judicial review ever held by the Senate Committee on Veterans ' Affairs . We have an extensive witness list . I will ask ...
Page 10
... matter jurisdiction . Although it is arguable that section 211 ( a ) as amended by S. 364 could be construed as the necessary jurisdictional grant , a specific statutory provision in title 38 of the United States Code would be ...
... matter jurisdiction . Although it is arguable that section 211 ( a ) as amended by S. 364 could be construed as the necessary jurisdictional grant , a specific statutory provision in title 38 of the United States Code would be ...
Page 11
... person cannot be required to resort to , or be adversely affected by , a matter which should be pub- lished in the Federal Register but is not . In addition , section 552 ( a ) ( 2 ) 7 provides that certain types of materials , e.g. , 11.
... person cannot be required to resort to , or be adversely affected by , a matter which should be pub- lished in the Federal Register but is not . In addition , section 552 ( a ) ( 2 ) 7 provides that certain types of materials , e.g. , 11.
Page 20
... matter , an attorney could legally re- ceive no fee for representing a veteran ( except as provided in section 784 relating to litigated insurance matters ) because of the penalty provision of section 3405 which would not be altered by ...
... matter , an attorney could legally re- ceive no fee for representing a veteran ( except as provided in section 784 relating to litigated insurance matters ) because of the penalty provision of section 3405 which would not be altered by ...
Other editions - View all
Common terms and phrases
action adjudication Adminis Administrative Procedure Act Administrator of Veterans Alan Cranston allow amendment American Bar Association American Legion assistance attorney fee award Bar Association believe bill Board of Veterans Chairman CRANSTON claimant claims Committee on Veterans compensation Congress constitutional counsel decisions denied dependents determination due process educational eligibility enacted entitled fact Federal court Federal district courts fee limitation filed final Gary Hart GOLEMBIESKI Government Guerrero hearing honorable discharges involved issue judges judicial review jurisdiction Justice legislation less than honorable liability ment military National overpayment pension percent plaintiffs present problems proceedings programs proposed question reasonable received record regional office regulations represent representation res judicata rules Senator STONE Senator THURMOND service officers service organizations service-connected social security Social Security Administration statement statute statutory testimony Thank tion title 38 United States Code Veterans Administration Veterans Affairs Veterans Appeals
Popular passages
Page 575 - 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 575 - 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 313 - ... 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 67 - In determining the amount of the fee, it is proper to consider : (1) the time and labor required...
Page 433 - 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 241 - 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 258 - 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 363 - 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 175 - 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 9 - 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.