Evening star., 1954-10-15
Conference Rejects
Super Agency Over
Hearing Officers

The Presidents Conference on
Administrative Procedure yes
terday voted down. 35 to %, a
recommendation that a projected
Office of Administrative Pro-
cedure be set up as an independ-
ent agency and have charge of
the hearing officer program.
The conference, engaged in
studies for simplifying and i'm
proving legal procedure of ad-
ministrative and regulatory
agencies rejected the proposals
because it was felt the proposed
Office would have too much
power.
Critics of the proposal said
that not only would there be
danger of the proposed inde-
pendent agency becoming a super
agency. but that it might attempt
ultimately to regulate the agen-
cies which the hearing officers
serve.
The conference is composed of
representatives of 56 Government
agencies, three judges. three
hearing officers or trial examiners
and IL members of the bar.
Judge E. Barrett Prettyman of
the U. S. Court of Appeals for the
District of Columbia is chairman.
May Suggest Legislation.
The conference recommenda-
tions will go ultimately to the
President, to the courts and to
the agencies for their action. The
conference may also suggest
legislation.
Last November the conference
recommended the establishment
of an Office of Administrative
Procedure in the Justice Depart
ment. It's functions would be
restricted to studies of agencies
procedures, the initiation of CO.
operative efforts to develop uni
form rules of practice and
procedure and the collection of
statistical and other data.
The conference had before it
yesterday two alternative propos-
ais from its Committee on Hear
ing Officers. One proposal was
that the Administrative Proce-
dure Office be an independent
agency headed by five members
appointed by the President, and
that it take over the hearing
officer program.
Alternative Adopted.
The other alternative, which
was adopted. would leave the
administration of recruitment
and other factors in the hearing
officer program in the hands OF
the Civil Service Commission.
A new bureau of Hearing Ex-
aminer Administration would be
set up in the Civil Service Com
mission, however. 1t would have
charge of the program now
divided among three bureaus.
The Committee on Hearing
Officers divided. 4 to 4, on these
proposals. The proposal for an
independent agency was sub
mitted by Earl w. Kintner. gen.
eral counsel of the Federal Trade
Commission. committee chair
man: Richard S. Doyle, Wash
ington attorney: Edwin L. Rey-
nolds, solicitor for the Patent
Office, and L. Paul Winnings,
general counsel. immigration
and Naturalization Service.
The four committee members
who submitted the proposal
which prevailed are Wilbur R.
Lester, attorney; Joseph E. Nc
Elvain. chairman of the appeals
council of the Social Security
administration: Lawrence V.
Meloy, assistant general counSel
of the Civil Service Commission,
and William F. Scharnikow,
hearing examiner for the Ma
tiional Labor Relations Board.
Deliberate Again Today.
The conference also adopted a
proposal that the qualification
standards for hearing examiners
be maintained at least as high
as those established by the Civil
Service Commission. 1t rejected
a proposal by the Kintner group
spelling out the qualifications.
The vote was 80 to 2S.
Twenty-four recommendations
In all are on the calendar of the
conference. which resumed its
deliberations today.
Six more proposals from the
Committee on Hearing Officers
are presented in alternative
form.