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CONTENTS

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No. 1242...

January 17, 1948, Council of American Master Mariners.

May 9, 1947, the Pittsburgh Coal Exchange.

May 9, 1947, Cleveland Tankers, Inc.-

March 22, 1948, Albert F. Kane---

Telegrams:

October 16, 1947, N. M. U. San Pedro delegate

October 15, 1947, N. M. U. San Pedro..

October 30, 1947, N. M. U. San Pedro.

July 23, 1947, American Pilots Association.

March 23, 1948, P. L. Rosecrans.

March 15, 1948, Pacific American Tankship Association

March 11, 1948, port of New York, the Maritime Association

February 27, 1948, Association of Former C. G.-MMHU.

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Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That section 7 (a) of the Administrative Pro-
cedure Act (Public Law 404, Seventy-ninth Congress; 60 Stat. 241) is hereby
amended to read as follows:

“(a) PRESIDING OFFICERS.—There shall preside at the taking of evidence (1)

the agency, (2) one or more members of the body which comprises the agency, or

(3) one or more examiners appointed as provided in this Act or, in the case of

proceedings under section 4450 of the Revised Statutes, as amended (U. S. C.,

title 46, sec. 239), one or more commissioned officers of the Coast Guard; but

nothing in this Act shall be deemed to supersede the conduct of specified classes

of proceedings in whole or part by or before boards or other officers specially pro-

vided for by or designated pursuant to statute. The functions of all presiding

officers and of officers participating in decisions in conformity with section 8

shall be conducted in an impartial manner. Any such officer may at any time

withdraw if he deems himself disqualified; and, upon the filing in good faith of a

timely and sufficient affidavit of personal bias or disqualification of any such

officer, the agency shall determine the matter as a part of the record and decision

in the case.”

SEC. 2. Section 5 (c) of the Administrative Procedure Act (Public Law 404,

Seventy-ninth Congress; 60 Stat. 240) is hereby amended to read as follows:

"(c) SEPARATION OF FUNCTIONS.—The same officers who preside at the reception

of evidence pursuant to section 7 shall make the recommended decision or initial

decision required by section 8 except where such officers become unavailable to

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WEDNESDAY, MARCH 10, 1948

Statements of

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Hon. Ellsworth B. Buck, Representative in Congress from the State of

New York.

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Capt. William C. Ash, supra-

98, 118

Hon. T. M. Hand, Representative in Congress from the State of New

Jersey --

104

Louis R. Harolds, general counsel, Maritime Union of America -

119

Joseph H. Volpian, supra--

129

Additional and supporting documents introduced:
Statement of Hon. T. M. Hand, supra..

104
Excerpts from Coast Guard regulations.

105
Memorandum regarding Administrative Procedure Act.

115

No. 1242.-

January 17, 1948, Council of American Master Mariners -

May 9, 1947, the Pittsburgh Coal Exchange-

May 9, 1947, Cleveland Tankers, Inc..

March 22, 1948, Albert F. Kane...

Telegrams:

October 16, 1947, N. M. U. San Pedro delegate

October 15, 1947, N. M. U. San Pedro..

October 30, 1947, N. M. U. San Pedro.

July 23, 1947, American Pilots Association..

March 23, 1948, P. L. Rosecrans.

March 15, 1948, Pacific American Tankship Association

March 11, 1948, port of New York, the Maritime Association.

February 27, 1948, Association of Former C. G.-MMHU.

170

171

171

172

172

173

173

173

173

173

173

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