Lapas attēli
PDF
ePub

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
Action by subordinates...¶ 122, 535

Adjudication. . .¶ 25, 42, 61, 519

appearance...¶ 81, 525
decisions...¶ 121, 534

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

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Agency action

definition...¶ 509

Agency procedures

information. . .¶ 31, 511

Agency proceeding

definition...¶ 509

Amendment of rules

petition, right to...¶ 55, 518
Ancillary matters...¶81, 524
Appearance...¶81, 525

Application of Act to all agencies equally...¶ 547
Assessment of costs, damages and fees...¶ 508
Attorneys and agents of private parties

agency practice...¶ 81, 525

Authority of agencies-see Agencies

[blocks in formation]

Delegation of authority...¶ 503, 511

Denials of application, petition or request

[merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]
« iepriekšējāTurpināt »