| United States. Department of Agriculture - 1998 - 988 pages
...proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision,...except as it may limit the issues on notice or by rule. 5 USC § 557(b). Moreover, the Attorney General's Manual on the Administrative Procedure Act describes... | |
| United States. Department of Agriculture - 1990 - 966 pages
...proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision,...except as it may limit the issues on notice or by rule. When the agency makes the decision without having presided at the reception of the evidence, the presiding... | |
| United States. Department of Agriculture - 1991 - 848 pages
...proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision,...except as it may limit the issues on notice or by rule. When the agency makes the decision without having presided at the reception of the evidence, the presiding... | |
| United States. Department of Agriculture - 2001 - 598 pages
...proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision,...except as it may limit the issues on notice or by rule. 5 USC § 557(b). Moreover, the ATTORNEY GENERAL'S MANUAL ON THE ADMINISTRATIVE PROCEDURE ACT describes... | |
| United States. Department of Agriculture - 1992 - 640 pages
...Judicial Officer to "act as final deciding officer" in such adjudication proceedings, 7 CFR § 2.35. "On appeal from or review of the initial decision,...as it may limit the issues on notice or by rule," 5 USC § 557(b). Since the ALJ only has authority to issue an initial decision, which is subject to... | |
| United States. Department of Agriculture - 2002 - 512 pages
...proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision,...except as it may limit the issues on notice or by rule. 5 USC § 557(b). Moreover, the ATTORNEY GENERAL'S MANUAL ON THE ADMINISTRATIVE PROCEDURE ACT describes... | |
| United States. Department of Agriculture - 1994 - 650 pages
...sanction imposed by the Judicial Officer (Respondent's Appeal at 13-14). That argument is erroneous. "On appeal from or review of the initial decision,...as it may limit the issues on notice or by rule." 5 USC § 557(b). See, eg, In re Blackfoot Livestock Comm'n Co., 45 Agrie. Dec. 590, 634-44 (1986),... | |
| United States. Department of Agriculture - 1992 - 468 pages
...F.2d 811, 814 & 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...as it may limit the issues on notice or by rule." 5 USC § 557(b) (1982). Cf. FCC v. Allentown Broadcasting Corp., 349 US 358,364, 75 S.Ct. 855, 859,... | |
| United States. Department of Agriculture - 1991 - 408 pages
...determinations than a reviewing court. He states (id. at 327): Because of the provision of § 557(b) that "On appeal from or review of the initial decision,...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 - 1989 - 826 pages
...determinations than a reviewing court. He states (id. at 327): Because of the provision of § 557(b) that "On appeal from or review of the initial decision,...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,... | |
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