On appeal from or review of the initial decisions of such officers the agency shall, except as it may limit the issues upon notice or by rule, have all the powers which it would have in making the initial decision. Practitioners' Journal - Page 10921958Full view - About this book
| United States. Interstate Commerce Commission - Carriers - 1956 - 1074 pages
...Act, section 8 (a) of which provides that "On appeal from or review of the initial decisions of such officers the agency shall, except as it may limit...which it would have in making the initial decision." Thus, as in an initial decision, the Commission may consider any and all issues de novo, whether or... | |
| United States. Interstate Commerce Commission - Bus lines - 1975 - 1006 pages
...the Commission would still, as stated in section 557(b), in reviewing an initial decision on appeal, have "all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule." Miller requests that the Commission make a... | |
| Administrative law - 1948 - 1480 pages
...matter. Where exceptions are filed to or the Commission reviews an initial decision the Commission, except as it may limit the Issues upon notice or by rule, will have all the powers which it would have in making the initial decision. Whenever the Commission... | |
| United States. Federal Power Commission - Energy facilities - 1959 - 932 pages
...issues raised by the exceptions. The Administrative Procedure Act expressly provides that it shall "have all the powers which it would have in making the initial decision" (5 USC § 1007). Under the Natural Gas Act the presiding examiner is but the "representative of the... | |
| United States. Department of Agriculture - Agricultural laws and legislation - 1989 - 826 pages
...of the provision of § 557(b) that "On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision," the agency is entirely free to substitute its judgment for that of the hearing officer on all questions,... | |
| United States. Department of Agriculture - Agricultural laws and legislation - 1991 - 408 pages
...of the provision of § 557(b) that "On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision," the agency is entirely free to substitute its judgment for that of the hearing officer on all questions,... | |
| United States. Department of Agriculture - Agricultural laws and legislation - 1990 - 966 pages
...n. 8 (9th Cir. 1979). "On appeal from or review of the initial decision [by the ALJ], the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule." 5 USC § 557(b) (1982). 49 Agric. Dec. 423... | |
| United States. Department of Agriculture - Agricultural laws and legislation - 2001 - 598 pages
...agency within time provided by rule. On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule. 5 USC § 557(b). Moreover, the ATTORNEY GENERAL'S... | |
| United States. Department of Agriculture - Agricultural laws and legislation - 1998 - 988 pages
...agency within time provided by rule. On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule. 5 USC § 557(b). Moreover, the Attorney General's... | |
| United States - Agricultural laws and legislation - 1945 - 1138 pages
...then become the decision of the agency. On appeal from or review of the initial decisions of such • e Bureau of Indian Affairs, Federal, State, or local...nonprofit welfare organizations, penal institution Whenever the agency makes the initial decision without having presided at the reception of the evidence,... | |
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