Regulatory Fair Warning Act of 1998 and the Taxpayers Defense Act: Hearing Before the Subcommittee on Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, Second Session on H.R. 4049 and H.R. 4096, July 23, 1998
United States, United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law
U.S. Government Printing Office, 2000 - 107 lappuses
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accept action administrative agency Agency Interpretations agency's American apply appropriate authority believe bill binding businesses called Chairman charges Chevron citizens Claims clear communications companies competition compliance concerns conduct CONGRESS THE LIBRARY constitutional costs Court decision Defense deference DELAHUNT delegated Department determine document effect enforcement entitled established example fact factors fair warning False Claims Act Federal GEKAS give given going hearing hospitals important imposed individuals issue judicial Justice legislation LIBRARY OF CONGRESS litigation MCLEAN mean notice official ONEK opinion particular penalties person position problem procedures protect question rates reasonable regulations regulatory representations requirements rules rural sanction schools specific standard statement statute statutory substantial supra note telecommunications Thank thing tion United universal service violations
86. lappuse - Except when notice or hearing is required by statute, this subsection does not apply (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice...
101. lappuse - Section 706(2) (A) requires a finding that the actual choice made was not 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.' 5 USC § 706(2) (A) (1964 ed., Supp. V). To make this finding the court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.
54. lappuse - There is no part of the administration of government that requires extensive information, and a thorough knowledge of the principles of political economy, so much as the business of taxation. The man who understands those principles best, will be least likely to resort to oppressive expedients, or to sacrifice any particular class of citizens to the procurement of revenue. It might be demonstrated that the most productive system of finance will always be the least burdensome.
96. lappuse - To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.
101. lappuse - If Congress has explicitly left a gap for the agency to fill, there is an express delegation of authority to the agency to elucidate a specific provision of the statute by regulation. Such legislative regulations are given controlling weight unless they are arbitrary, capricious, or manifestly contrary to the statute.
59. lappuse - For the purpose of regulating Interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the united States a rapid, efficient, nation-wide, and worldwide wire and radio communication service with adequate facilities at reasonable charges...
75. lappuse - Chevron [USA, Inc. v. Natural Resources Defense Council, Inc.], 467 US 837, 842-43, 104 S. Ct. at 2781-82. If Congress has not addressed directly the precise question at issue...
75. lappuse - Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 US 519 (1978).
54. lappuse - ... acquainted with the general genius, habits, and modes of thinking of the people at large, and with the resources of the country. And this is all that can be reasonably meant by a knowledge of the interests and feelings of the people.
31. lappuse - a rule prescribed." Because a bare resolution, confined in the breast of the legislator, without manifesting itself by some external sign, can never be properly a law. It is requisite that this resolution be notified to the people who are to obey it. But the manner in which this notification is to be made, is matter of very great indifference.