Evening star., 1946-05-12

loans, grants,
benefits or con- Mr.. Walter.
tracts.
Must Inform Public.
After such notice." the House
committee explained, "the agency
must afford interested persons an
opportunity to participate in the
rule making at least to the extent
OF submitting written data, views
or argument, and after considera-
ton OF such presentations the
agency must incorporate in any
rules adopted a concise general
statement of their basis and pur-
pose
This section does not change
other laws which require opportu-
nifty for hearings before rules are
made. Notice of any substantive
rule would be published not less
than 80 days before it became effec-
tive except in cases of "demonstra-
BILE urgency" such as agricultural
marketing orders.
In their quasi-judicial functions,
agencies would adjudicate cases on
hearings only when The case in point
is required by some other statute to
be determined on a hearing. The
section exempts rom hearings the
following other kinds of cases: those
subject to trial de novo in court:
selection or tenure of public officers
other than examiners; decisions
resting on inspections, tests or cleo
tlons; military, naval or foreign
affairs functions; cases in which an
agency is acting for a court; and the
certlflcation of employe representa-
tives.
Hearing Officers Required.
The section on prosecuting and
Judging functions require: hearing
o1hcers to operate entirely sepa-
"ately' from prosecuting officers.
Officers who preside a. the TAX
ing of evidence" the House commit
tee explained, must make the deci-
sion or recommend decision in the
case. They may not consult with
any person or party except openly
! and upon notice save in the DISPOSE
tlon OF customary eX parte matters
and they may not be made subject
to the supervision of prosecuting
officers. The latter may not partici-
pate in the decisions except as wit
ness or counsel in public proceed
/ ings.
/ However, the subsection is not to
apply in determining applications
Tor initial licenses or the validity
or application of rates, facilities or
practices of public utilities or car
riers; nor does it apply to the top
agency or members thereof.
The last exemption - of the
agency itself or the members of the
board who comprise it's required
by the very nature of administrative
! agencies where the same authority
is responsible for both the investi-
CATION n-prosecution and the hearing
and decision of cases. There, too
the exemption is not to be taken
as meaning that the top authority
must reserve to itself both prosecut-
ing and deciding functions. It is
ultimately responsible for all func-
tions committed to it, but it may
and should confne itself to deter
mining policy and delegate the ac-
tual supervision of investigations
and initiation of cases to responsible
subordinate officers"
Notice Must Be Given.
AS in rule making, public notice
OF hearings must be given duly and
timely" to persons entitled to such
notice.
1t would include time, place and
nature of the hearing, legal au-
thority and jurisdiction under which
it is to be held, and matters of fact
and law asserted.
Before hearings are held, however,
agencies would have to attempt to
settle issues informally by consent
of the parties. After hearings, agen-
cies could authorize examiners to
make either the initial decision or
recommended decision" But prior
to any such decision the parties
would have further opportunity
to submit suggested findings, excep-
tions and so forth. All decisions
would include a statement of the
reasons for the agency's findings.
Concerning other sanctions which
agencies may impose in relevant
cases, the bill provides that agencies
must not go beyond the functions
or range delegated to them by stat
ute. The House committee made
special point against the use of pub
licity as a penalty, except when so
authorized.
Legitimate publicity" it stated,
extends to the issuance of author
lied documents such as notices or
decisions. But apart from actual
and final adjudication after all pro-
ceedings have been held, no public
ity should reflect adversely upon any
person, organization, product or
commodity of any kind in any man
ner otherwise than as required to
carry on authorized agency func-
tions and in the administration