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" Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration... "
Agriculture Decisions: Decisions of the Secretary of Agriculture Under the ... - Page 551
by United States. Department of Agriculture - 2001
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United States Code, Volumes 23-24

United States - 1995 - 1088 pages
...effective resolution of such issues. Any oral or~ documentary evidence may be received, but the Secretary as a matter of policy shall provide for the exclusion...irrelevant, immaterial, or unduly repetitious evidence. (2) A rule or order subject to this section may not be issued except on consideration of the whole...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 57

United States. Department of Agriculture - 1998 - 912 pages
...Staton, dated April 13, 1993 (Pet. for Recons. at 37-38). The Administrative Procedure Act provides, as follows: § 556. Hearings; presiding employees;...1.141(h)(l)(iv) of the Rules of Practice provides, as follows: § 1.141 Procedure for hearing. (h) Evidence. ( 1 ) In general. (iv) Evidence which is...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 57

United States. Department of Agriculture - 1998 - 988 pages
...evidence. The Administrative Procedure Act provides, with respect to the admission of evidence, that: § 556. Hearings; presiding employees; powers and duties;...unduly repetitious evidence. 5 USC § 556(d). Section 1.141(hXlXiv) of the Rules of Practice provides, as follows: § 1.141 Procedure for hearing. (h) Evidence—...
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Agriculture Decisions: Decisions of the Secretary of Agriculture ..., Volume 55

United States. Department of Agriculture - 1996 - 880 pages
...employed for the conduct of the business as a business." (Id.) 'The Administrative Procedure Act provides: Any oral or documentary evidence may be received,...immaterial, or unduly repetitious evidence. 5 USC § S56(d). Section 1.14I(hXl)(iv) of the Rules of Practice provides: Evidence which is immaterial,...
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Decisions of the United States Department of the Interior, Volume 80

United States. Department of the Interior - 1974 - 1004 pages
...as will be shown, there is no reversible error. The Administrative Procedure Act (APA) says in part, "Any oral or documentary evidence may be received,...immaterial or unduly repetitious evidence." 5 USC §556(d) (1970). Hearsay evidence, under this provision, is admissible if it is relevant, material and not unduly...
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Decisions of the United States Department of the Interior, Volume 81

United States. Department of the Interior - 1975 - 1126 pages
...immaterial, or unduly repetitious. The pertinent part of 5 USC §556(d) provides as follows : * * * Any oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence. * * * (Italics supplied.) Administrative agencies generally are not restricted in the kind of evidence...
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Marine Laws: Navigation and Safety, Volume 1

United States - 1963 - 340 pages
...Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or...
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Decisions of the Federal Maritime Commission, Volume 23

United States. Federal Maritime Commission - 1980 - 1048 pages
...continued to follow the principle established in the Administrative Procedure Act and by case law that "[a]ny oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence." APA, 5 USC 556(d); Rule 156, 46 CFR 502.156 ("In any proceeding under the rules in this part, all evidence...
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Participation by Small Electrical Utilities in Nuclear Power: Hearings ...

United States. Congress. Joint Committee on Atomic Energy - 1968 - 656 pages
...under Section 7(c) of the Administrative Procedure Act.7 But that statute also provides in terms that "the agency as a matter of policy shall provide for...irrelevant, immaterial or unduly repetitious evidence . . .," which the Commission by regulation has done. 10 CFR § 2.743. Here again, therefore, petitioner...
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Technology Assessment: Hearings, Ninety-first Congress, First Session, Volume 2

United States. Congress. House. Committee on Science and Astronautics. Subcommittee on Science, Research, and Development - 1970 - 578 pages
...request, to an opportunity to show to the contrary." Yet, even the APA provides in the same Section that "Any oral or documentary evidence may be received,...irrelevant, immaterial, or unduly repetitious evidence." Probably something is to be learned from the procedures and practices of the National Transportation...
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