Page:United States Statutes at Large Volume 60 Part 1.djvu/266

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79Tr CONG. , 2D SESS.--(C. 324-JUNE 11, 1946 (a) NOTICE.- General notice of proposed rule making shall be pub- lished in the Federal Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law) and shall include (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved. Except where notice or hearing is required by statute, this subsection shall not apply to interpretative rules, general statements of policy, rules of agency organization, pro- cedure, or practice, or in any situation in which the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the rules issued) that notice and public pro- cedure thereon are impracticable, unnecessary, or contrary to the public interest. (b) PROCEDURES.- A fter notice required by this section, the agency shall afford interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity to present the same orally in any manner; and, after consideration of all relevant matter presented, the agency shall incorporate in any rules adopted a concise general statement of their basis and purpose. Where rules are required by statute to be made on the record after opportunity for an agency hearing, the requirements of sections 7 and 8 shall apply in place of the provisions of this subsection. (c) EFFECTIVE DATES. - T he required publication or service of any substantive rule (other than one granting or recognizing exemption or relieving restriction or interpretative rules and statements of policy) shall be made not less than thirty days prior to the effective date thereof except as otherwise provided by the agency upon good cause found and published with the rule. (d) PETITIONS.- Every agency shall accord any interested person the right to petition for the issuance, amendment, or repeal of a rule. ADJUDICATION SEC. 5 . In every case of adjudication required by statute to be deter- mined on the record after opportunity for an agency hearing, except to the extent that there is involved (1) any matter subject to a subse- quent trial of the law and the facts de novo in any court; (2) the selection or tenure of an officer or employee of the United States other than examiners appointed pursuant to section 11; (3) proceedings in It, p . 211 . which decisions rest solely on inspections, tests, or elections; (4) the conduct of military, naval, or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; and (6) the certifi- cation of employee representatives- (a) NOTICE.- Persons entitled to notice of an agency hearing shall be timely informed of (1) the time, place, and nature thereof; (2) the legal authority and jurisdiction under which the hearing is to be held: and (3) the matters of fact and law asserted. In instances in which private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the times and places for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. (b) PROCEDUBR-The agency shall afford all interested parties opportunity for (1) the submission and consideration of facts, argu- ments, offers of settlement, or proposals of adjustment where time, the nature of the proceeding, and the public interest permit, and (2) 60 STAT.]