Page:United States Statutes at Large Volume 60 Part 1.djvu/268

This page needs to be proofread.


79TH CONG. , 2D SESS.-CH. 324-JUNE 11, 1946 any such subpena or similar process or demand to the extent that it is found to be in accordance with law and, in any proceeding for enforce- ment, shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply. (d) DENIALS.- Prompt notice shall be given of the denial in whole or in part of any written application, petition, or other request of any interested person made in connection with any agency proceeding. Except in affirming a prior denial or where the denial is self-explana- tory, such notice shall be accompanied by a simple statement of procedural or other grounds. HEARINGS SEC. 7 . In hearings which section 4 or 5 requires to be conducted pursuant to this section- (a) PRESIDING OFFICERS.-T here shall preside at the taking of evi- dence (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; 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 provided 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. (b) HEARING POWERs. -Officers presiding at hearings shall have authority, subject to the published rules of the agency and within its powers, to (1) administer oaths and affirmations, (2) issue subpenas authorized by law, (3) rule upon offers of proof and receive relevant evidence, (4) take or cause depositions to be taken whenever the ends of justice would be served thereby, (5) regulate the course of the hear- ing, (6) hold conferences for the settlement or simplification of the issues by consent of the parties, (7) dispose of procedural requests or similar matters, (8) make decisions or recommend decisions in conformity with section 8, and (9) take any other action authorized by agency rule consistent with this Act. (c) EVIDENCE.- Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof. Any oral or docu- mentary evidence may be received, but every agency shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence and no sanction shall be imposed or rule or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative, and substantial evidence. Every party shall have the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making or determining claims for money or benefits or applications for initial licenses any agency may, where the interest of any party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form. (d) REcoRD. -The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, shall constitute 80634°- 47 -PT. I 16 60 STAT. ] 241