Administrative Procedure

2. Office of Federal Administrative Procedure:

(a) Director.

(b) Justice of the United States Court of Appeals, District of Columbia. (c) Director of Administrative Office of United States Courts.

(d) Advisory Committees.

3. Duties of Director:

(a) Investigate agency practices and procedures.

(b) Recommend uniform procedures.

(c) Investigate complaints regarding procedures.

(d) Examine practices respecting publicity.

(e) Investigate admissions to practice.

(f) Act, with members of Office, respecting appointment and removal of hearing commissioners.

(g) Submit annual report.

IV. RULES AND RULE MAKING

1. Publication of internal organization of agencies required.
2. Publication of policies, interpretations, and rules required.
3. Provision for receipt of suggestions for rules required.
4. Retroactivity of effect of rules prohibited.

5. Provision is made for requesting amendments of rules.

V. ADJUDICATION

(Applicable where hearing accorded by statute)

1. Hearing commissioners:

(a) Nominated by agency and appointed by Director OFAP.
(b) Term, 7 years.

(c) Removable, for cause after hearing.

(d) Powers and duties are prescribed.

2. Hearing of cases:

(a) Presiding officer, a hearing commissioner.

(b) Powers and duties of hearing commissioner prescribed.

(c) Provision made for cases of disobedience of lawful orders.

(d) Prehearing conferences authorized.

(e) Provision made for briefs, argument, requested findings, etc.
(f) Provision is made for disqualification of hearing commissioner.
3. Decision of cases:

(a) Decision of hearing commissioner final unless appealed to agency.
(b) Provision is made for reopening of decisions not appealed.
(c) Provision is made for appeal of hearing commissioner's decision.

VI. APPEAL TO COURTS

1. Content of record on appeal to courts is prescribed. 2. Mistake of remedy is not to preclude judicial review.

VII. DECLARATORY RULINGS

Provision is made for declaratory rulings.

H. R. 339 AND H. R. 1117-SMITH-CRAVENS BILL

(Military, naval, and diplomatic functions excepted from all requirements)

I. RULES

Every agency required to publish

(a) Descriptions of internal and field organization.

(b) Method of channelization of functions.

(c) Substantive regulations.

II. RULINGS AND ORDERS

Every agency required to publish-or make available all general rulings, opin

III. RELEASES

Required to be filed with Division of Federal Register and be made available to public.

IV. ENFORCEMENT

1. No person to be prejudiced by failure to avail himself of anything not published as required.

2. Comptroller General to disallow expenditures of nonconforming agencies.

V. RULE MAKING

1. Notice of proposed rule making required.

2. Interested parties accorded opportunity to participate in formulation of rules.

3. Right to petition for change of rules is accorded.

VI. ADJUDICATION

(Where law now accords hearing)

1. Adequate notice of proceeding is required.

2. Adequate opportunity for full hearing prescribed.

3. Declaratory orders are provided for.

VII. APPEARANCES

1. Right of appearance in person or by counsel provided.
2. Right to advice by, and accompaniment of, counsel is provided.

VIII. INVESTIGATIONS

1. Limited to those authorized by law, within agency jurisdiction, and substantially necessary.

2. Required to be conducted so as not to disturb rights of personal privacy and to interfere as little as possible with private occupation or enterprise.

IX. SUBPENAS

1. Made available to private parties.

2. Provision is made for determining validity.

X. DENIALS

Prompt notice and grounds therefore required.

XI. RETROACTIVITY

Rules or orders not to become effective prior to publication or service, unless authorized by law.

XII. RECORDS

Matters of official record made available to interested parties.

XIII. HEARINGS

1. Presiding officers-Commissioners or Deputy Commissioners.

Three Commissioners appointed by President, with advice and consent of Senate, for terms of 12 years.

Deputy Commissioners appointed by Commissioners.

2. Powers of hearing officers prescribed in detail. 3. Rules of evidence are prescribed.

XIV. DECISIONS

1. Opportunity for briefs, proposed findings, conclusions, and oral argument prescribed.

2. Order, award, etc., required to be made by hearing officer.

3. Appeal from decision of hearing officer to agency provided.

4. Decision required to be based upon the record.

5. Findings and determinations required to be in writing and served upon all parties.

XV. PENALTIES AND BENEFITS

1. Imposition of sanctions is strictly limited.

2. Licensing requirements are specifically safeguarded.

XVI. JUDICIAL REVIEW

1. Right of judicial review is accorded.

2. Form of action is prescribed.

3. Interim relief is provided.

4. Scope of review is prescribed.

XVII. SEPARATION OF FUNCTIONS

Complete separation of investigative and prosecuting functions from those of adjudication and rule making is required.

H. R. 1203-SUMNERS BILL

I. PRINCIPAL FEATURES

1. Publicity of administrative law and procedure.

2. Minimum procedural requirements for rule making and adjudication. 3. Specification and simplification of judicial review.

4. Statement of common incidental procedural rights pertaining to any kind of Executive authority.

5. Limitations upon types of penalties imposable by administrative agencies. 6. Bill applies to functions rather than agencies.

7. War agencies are exempt-except for publication of rules-also military, naval, or diplomatic functions requiring secrecy in the public interest.

II. PUBLICITY OF ADMINISTRATIVE LAW AND PROCEDURE

1. Agencies are required to publish

(a) Descriptions of internal and field organizations.

(b) Statement of methods for channeling and determining matters handled.

(c) Rulings and orders.

(d), Final opinions.

III. RULE MAKING

1. Requires notice of proposed substantive rules and opportunity to be heard. 2. Requires publication of reasons and conclusions for rejection of proposed rules. 3. Affords opportunity for petition for issuance of rules, or changes therein.

IV. ADJUDICATION

(Where statute requires opportunity for hearing)

1. Requires adequate notice.

2. Requires opportunity for settlement by agreement.

3. Prohibits investigative or prosecuting employees from participating in decision or recommended decision.

4. Provides for declaratory orders.

V. INVESTIGATIONS

1. Limited to those authorized by law, and within jurisdiction of agency, in interest of law enforcement.

2. Protects right of personal privilege or privacy.

and

VI. SUBPENAS

1. Requires subpenas authorized by law to be issued to any party.

2. Accords court right to determine relevancy and jurisdiction, where validity of subpena is questioned.

VII. DENIALS

1. Prompt notice is required where application, petition, or other request is denied in whole or in part.

VIII. PUBLIC RECORDS

1. Matters of official record are made available to interested parties-with certain exceptions.

IX. HEARINGS

(Applicable to rule making and required hearings)

1. Specification of presiding official is made.

2. Impartiality is required.

3. Provides for disqualification of hearing officer.

X. EXAMINERS

1. Requires each agency to appoint examiners, subject to civil-service rules. 2. Provides for survey of examiners' salaries by Civil Service Commission. 3. Provides for lend-leasing of examiners by agencies.

XI. HEARING PROCEDURE

1. Specifies burden of proceeding.

2. Provides presumption of legitimacy of conduct or action.

3. Gives right of cross-examination.

4. Prescribes admissibility of evidence-and action thereon.

5. Specifies consist of record.

6. Limits taking of official notice.

XII. DECISIONS

1. Provides for initial or recommended decisions.

2. Provides for final decisions.

3. Requires due process-and specifies it-before any decision is made. 4. Specifies content of decisions and recommended decisions.

XIII. SANCTIONS

1. Specifies limitations on sanctions.

2. Specifies conditions under which licenses shall be deemed granted. 3. Limits withdrawals, suspensions, revocations, and annulments of licenses. 4. Protects actions while license applications are pending.

XIV. PUBLICITY

1. Prohibits agencies from issuing publicity reflecting adversely upon any party or enterprise.

XV. JUDICIAL REVIEW

1. Does not give right of judicial review where none now exists.

2. Specifies form and venue of action.

3. Defines reviewable acts.

4. Provides interim relief.