Presumably so would the Respondent's. This might be said in any case where the decision is premised on an issue not raised in the proceedings. For the reasons stated in National Auto Research Publications, Inc. , supra , the newspaper issue is untimely and the motion for remand is denied. Petitioner has taken exception to various findings of fact in the Initial Decision as well as to the failure to make other findings of fact proposed by Petitioner. Many of these exceptions relate to the newspaper issue and are thus immaterial to the decision on appeal.
Petitioner takes exception to all of the conclusions of law in the Initial Decision.
Petitioner's first exception is to the failure to find the facts set forth in its proposed Findings of Fact paragraphs 6-9. These relate to a more detailed explanation of the background summarized in Finding of Fact 6 of the Initial Decision regarding the use of the Official Used Car Guide as an instrument of Federal regulation and price control over the years. The summary is sufficient for purposes of the decision and the exception is disallowed. Petitioner's second exception relates to Findings of Fact 11 and 13 for which Petitioner would substitute the detailed findings in its proposed Findings of Fact 23 through 31 as an accurate description of the methods and sources used in preparing the Official Used Car Guide. Inc. The validity of the distinction becomes immaterial in view of the Postal Service Decision, supra , reversing the Initial Decision in the Black Book case.