Page:United States Statutes at Large Volume 60 Part 1.djvu/269

This page needs to be proofread.

PUBLIC LAWS-CH. 324 -JUNE 11, 1946 the exclusive record for decision in accordance with section 8 and, upon payment of lawfully prescribed costs, shall be made available to the parties. Where any agency decision rests on official notice of a material fact not appearing in the evidence in the record, any party shall on timely request be afforded an opportunity to show the contrary. DECISIONS SEC. 8. In cases in which a hearing is required to be conducted in conformity with section 7- (a) ACTION BY SUBORDINATES.-In cases in which the agency has not presided at the reception of the evidence, the officer who presided (or, in cases not subject to subsection (c) of section 5, any other officer or officers qualified to preside at hearings pursuant to section 7) shall initially decide the case or the agency shall require (in specific cases or by general rule) the entire record to be certified to it for initial decision. Whenever such officers make the initial decision and in the absence of either an appeal to the agency or review upon motion of the agency within time provided by rule, such decision shall without further proceedings then become the decision of the agency. On appeal from or review of the initial decisions of such officers the agency shall, except as it may limit the issues upon notice or by rule, have all the powers which it would have in making the initial decision. Whenever the agency makes the initial decision without having pre- sided at the reception of the evidence, such officers shall first recom- mend a decision except that in rule making or determining applications for initial licenses (1) in lieu thereof the agency may issue a tentative decision or any of its responsible officers may recommend a decision or (2) any such procedure may be omitted in any case in which the agency finds upon the record that due and timely execution of its functions imperatively and unavoidably so requires. (b) SUBMITTALS AND DECISIONS.- Prior to each recommended, initial, or tentative decision, or decision upon agency review of the decision of subordinate officers the parties shall be afforded a reason- able opportunity to submit for the consideration of the officers partici- pating in such decisions (1) proposed findings and conclusions, or (2) exceptions to the decisions or recommended decisions of subordi- nate officers or to tentative agency decisions, and (3) supporting reasons for such exceptions or proposed findings or conclusions. The record shall show the ruling upon each such finding, conclusion, or exception presented. All decisions (including initial, recommended, or tentative decisions) shall become a part of the record and include a statement of (1) findings and conclusions, as well as the reasons or basis therefor, upon all the material issues of fact, law, or discre- tion presented on the record; and (2) the appropriate rule, order, sanction, relief, or denial thereof. SANCTIONs AND POWERS SEC. 9 . In the exercise of any power or authority- (a) IN GENERAL--NO sanction shall be imposed or substantive rule or order be issued except within jurisdiction delegated to the agency and as authorized by law. (b) LICENSES.- In any case in which application is made for a license required by law the agency, with due regard to the rights or privileges of all the interested parties or adversely affected persons and with reasonable dispatch, shall set and complete any proceedings required to be conducted pursuant to sections 7 and 8 of this Act or other proceedings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or 242 [60 STAT.