Regulatory reform legislation: hearings before the Committee on Governmental Affairs, United States Senate, Ninety-sixth Congress, first session ....U.S. Government Printing Office, 1980 |
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Page 42
... parties to seek judicial review with their challenge being independent of the rule making and based solely on the adequacy of the economic analysis . The difficulty with this approach is that it would separate the economic analysis from ...
... parties to seek judicial review with their challenge being independent of the rule making and based solely on the adequacy of the economic analysis . The difficulty with this approach is that it would separate the economic analysis from ...
Page 48
... parties involved , should not be held to consider issues that the parties can fully set forth in written submissions and oral argument . trial - type hearing is not necessary for consideration of the issues , it should not be conducted ...
... parties involved , should not be held to consider issues that the parties can fully set forth in written submissions and oral argument . trial - type hearing is not necessary for consideration of the issues , it should not be conducted ...
Page 49
... parties in substantial doubt as to when a trial - type hearing with its important right of cross - examination denied . -- -- will be held and when it will be The bills use a judicial test , the existence of a disputed fact , to ...
... parties in substantial doubt as to when a trial - type hearing with its important right of cross - examination denied . -- -- will be held and when it will be The bills use a judicial test , the existence of a disputed fact , to ...
Page 50
... parties in agency proceedings , this vagueness is a serious defect which should be remedied . Once the question of what constitutes a " fact " is clarified , we agree that the judicial model is appropriate for determining when a trial ...
... parties in agency proceedings , this vagueness is a serious defect which should be remedied . Once the question of what constitutes a " fact " is clarified , we agree that the judicial model is appropriate for determining when a trial ...
Page 53
... parties . Thus , if the Government can obtain interoffice memoranda from a private party , compa- rable documents should be available from the agencies . How- ever , it would be inappropriate for intervenors to be granted subpoena power ...
... parties . Thus , if the Government can obtain interoffice memoranda from a private party , compa- rable documents should be available from the agencies . How- ever , it would be inappropriate for intervenors to be granted subpoena power ...
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Common terms and phrases
action adjudication Administrative Conference administrative law judges Administrative Procedure Act amended American Bar Association application Arthur Andersen authority believe benefits bill Business Roundtable CB license CB radio CB Rule CB station Chairman RIBICOFF COLUMBIA LAW REVIEW Commission Committee Congress Court cross-examination D.C. Cir decision decisionmaking delay disability due process economic effect employee established evaluation existing Federal formal hearing impact important incremental costs independent industry issues judicial review legislation limited litigation major ment million operate OSHA oversight parties performance problems proceedings programs proposed rule public participation question radio ratemaking reappointment recommendation record regulatory agencies regulatory analysis regulatory process regulatory reform responsibility result review board rulemaking safety Senator LEVIN Senator PERCY Social Security Social Security Administration specific standards statement statute statutory subpoena substantial supra note testimony tion transmitter
Popular passages
Page 580 - Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
Page 323 - ... applications, amendments thereto, and related statements of fact required by the Commission shall be personally signed by the applicant, if the applicant is an individual; by one of the partners, if the applicant is a partnership; by an officer or duly authorized employee, if the applicant is a corporation; or by a member who is an officer, if the applicant is an unincorporated association.
Page 662 - If the right sought to be enforced is one defined in paragraph (1) of subdivision (a) of this rule notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.
Page 920 - Congress ; but they shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission.
Page 582 - In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply.
Page 774 - ... for the purpose of encouraging or discouraging membership in a labor organization...
Page 724 - Section 223 (d) (1) (2) (3) defines disability as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
Page 550 - No better instrument has been devised for arriving at truth than to give a person in jeopardy of serious loss notice of the case against him and opportunity to meet it.
Page 641 - All parties must be fully apprised of the evidence submitted or to be considered, and must be given opportunity to cross-examine witnesses, to inspect documents and to offer evidence in explanation or rebuttal.
Page 505 - When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading.