UIL 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 3. Affords opportunity for petition for issuance of rules, or changes therein.

rules.

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, and in interest of law enforcement.

2. Protects right of personal privilege or privacy.

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.

H. R. 1206-WALTER BILL

I. DECLARATION OF GENERAL POLICY

1. Declares that powers of Government-exercised through administrative agencies

(a) Shall be conducted according to established procedures—

1. Assuring adequate protection.

2. Assuring impartial conferring of benefits.

II. DELEGATION OF AUTHORITY

1. Provides for delegation of agency authority to subordinates, with agency : responsibility for acts done, etc.

2. Requires publication of rules relating to delegations of authority.

III. APPEARANCES

1. Provides for appearances in person or authorized representatives.

2. Accords right of advice of counsel to persons summoned in any agency proceeding.

IV. ATTORNEYS AND AGENTS

1. Provides for suspensions or disbarments of practitioners.

2. Requirements for admission to practice, and maintenance of formal registers of attorneys or agents to be omitted when practicable.

3. Office of Administrative Procedure authorized to establish and maintain central method for registration or admission of attorneys and agents.

4. Except in Patent Office, attorneys in good standing in highest court of State

or Territory, or in any Federal court, are eligible to practice.

5. Appearance by former employees of agency is limited.

6. Nonlawyers admissible under reasonable rules and regulations of agency.

V. INVESTIGATIONS

1. Investigations required to be conducted with least possible disruption of personal privacy, or private occupation or enterprise.

2. Reports required to be simplified as much as possible.

3. Specific limitations and admonitions are provided.

VI. SUBPENAS

1. To be issued only upon request and reasonable showing as to necessity, scope, etc.

2. To be issued to private parties as freely as to agencies.

VII. PUBLICITY

1. Matters of record (with certain exceptions) are made available to all interested persons.

2. Limits publicity of proceedings by agencies.

VIII. OFFICE OF FEDERAL ADMINISTRATIVE PROCEDURE

1. Director (learned in the law, or qualified by experience) appointed by President with advice and consent of Senate for term of 7 years.

2. Governed by Board

(a) The Director.

(b) An Associate Justice of United States Court of Appeals for District of Columbia.

(c) Director of Administrative Office of United States Courts.

3. Duties are specified in detail.

IX. EFFECT AND ENFORCEMENT

1. Act in general to serve as guides and limitations.

X. SUSPENSION OF PROVISIONS

1. Provisions of the act may be suspended by President-upon recommendation of an agency and OFAP.

2. Provision is made for termination of suspension by Congress.

XI. ADMINISTRATIVE RULES AND REGULATIONS

1. Declared policy-agencies shall issue rules, regulations, etc., as to organization and procedures.

2. Military, naval, diplomatic, and certain other functions excluded.

3. Standards for regulations are prescribed.

4. Receipt and consideration of suggestions for rules are provided for.

5. Notice of proposed rule-making is provided for.

6. Public rule-making procedures are prescribed.

7. Provision is made for judicial review of rules.

8. Declaratory judgments are provided for.

9. Scope of judicial review is prescribed.

10. Rulings in specific cases are not to serve as general rules.

11. Rules promulgated are to be transmitted to Congress annually.

XII. ADMINISTRATIVE ADJUDICATIONS

1. Due process is specifically prescribed.

2. Exception is made for military and diplomatic functions, and determinations triable de novo, and certain other activities.

3. Expedition of determinations is provided for.

4. Informal dispositions of controversies are provided for.

5. Declaratory rulings are prescribed, upon petition.

6. Requirements of formal procedures are specified in detail.

7. Complete segregation of prosecuting and adjudicatory functions is required.

8. Hearing commissioners are provided for, to be nominated by agency and appointed by OFAP.

9. Provision is made for disqualifying presiding officers.

10. Powers and duties of presiding officers are prescribed.

11. Prehearing conferences are provided for.

12. Rules of evidence are specified.

13. Provision is made for cross-examination.

14. Conditions of taking of official notice are prescribed.

15. Post hearing procedure-proposed reports, etc.-is detailed.

16. Procedure for reaching final determinations is detailed.

17. Rehearing, reopening, and reconsideration of decisions is provided for.

XIII. JUDICIAL REVIEW

Detailed provision is made for judicial review.

H. R. 2602-GWYNNE BILL

I. OBJECTS

1. Improve relations between private citizens and governmental authority. 2. Facilitate administration of justice.

3. Protect civil rights.

4. Preserve constitutional form of government.

II. PUBLIC INFORMATION

1. Publication of rules, including organization, in Federal Register, is required. 2. Agency rulings and orders are made available to public.

3. Releases are required to be filed with Division of Federal Register, and made available to public inspection.