EXAMINERS [¶ 546] SEC. 11. Subject to the civil-service and other laws to the extent not inconsistent with this Act, there shall be appointed by and for each agency as many qualified and competent examiners as may be necessary for proceedings pursuant to sections 7 and 8, who shall be assigned to cases in rotation so far as practicable and shall perform no duties inconsistent with their duties and responsibilities as examiners. Examiners shall be removable by the agency in which they are employed only for good cause established and determined by the Civil Service Commission (hereinafter called the Commission) after opportunity for hearing and upon the record thereof. Examiners shall receive compensation prescribed by the Commission independently of agency recommendations or ratings and in accordance with the Classification Act of 1923, as amended, except that the provisions of paragraphs (2) and (3) of subsection (b) of section 7 of said Act, as amended, and the provisions of section 9 of said Act, as amended, shall not be applicable. Agencies occasionally or temporarily insufficiently staffed may utilize examiners selected by the Commission from and with the consent of other agencies. For the purposes of this section, the Commission is authorized to make investigations, require reports by agencies, issue reports, including an annual report to the Congress, promulgate rules, appoint such advisory committees as may be deemed necessary, recommend legislation, subpena witnesses or records, and pay witness fees as established for the United States courts. CONSTRUCTION AND EFFECT [Я 547] SEC. 12. Nothing in this Act shall be held to diminish the constitutional rights of any person or to limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, all requirements or privileges relating to evidence or procedure shall apply equally to agencies and persons. If any provision of this Act or the application thereof is held invalid, the remainder of this Act or other applications of such provision shall not be affected. Every agency is granted all authority necessary to comply with the requirements of this Act through the issuance of rules or otherwise. No subsequent legislation shall be held to supersede or modify the provisions of this Act except to the extent that such legislation shall do so expressly. This Act shall take effect three months after its approval except that sections 7 and 8 shall take effect six months after such approval, the requirement of the selection of examiners pursuant to section 11 shall not become effective until one year after such approval, and no procedural requirement shall be mandatory as to any agency proceeding initiated prior to the effective date of such requirement. TOPICAL INDEX A Act-see Administrative Procedure Act Adjudication. . .¶ 25, 42, 61, 519 appearance...¶ 81, 525 definition...¶ 67, 506 hearings... 101, 529 evidence...¶ 111, 532 notice...¶64, 520 presiding officers...¶ 102, 530 powers. 104, 531 record... 117, 533 opinions—see also Adjudication, decisions; Adjudication, orders public inspection...¶ 31, 512 Agency action definition...¶ 509 Agency procedures information. . .¶ 31, 511 Agency proceeding definition...¶ 509 Amendment of rules petition, right to...¶ 55, 518 Application of Act to all agencies equally...¶ 547 agency practice...¶ 81, 525 Authority of agencies-see Agencies Delegation of authority...¶ 503, 511 Denials of application, petition or request |