Adjudication (Recommendations)

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The Occupational Safety and Health Commission (OSHRC) is an independent agency charged with adjudicating contested citations and penalties brought against employers by the Occupational Safety and Health Administration of the Department of Labor (Labor). Labor is responsible for promulgating substantive safety and health standards, conducting...

Entry into banking is controlled on the federal level by four agencies: the Comptroller of the Currency (for charters and branches of national banks), the Federal Home Loan Bank Board (for charters and branches of federal savings and loan associations, and via the Federal Savings and Loan Insurance Corporation for account insurance for state-chartered savings and loan associations), the Board...

The resolution of issues through negotiations among the affected parties has long been recognized as an essential ingredient of the administrative process....

Although largely unknown to lawyers outside the West, the Department of the Interior’s disposition of mining claims on public lands is a significant field of Federal administrative activity and an important element in planning rational use of the public lands.

The procedures for establishing or “locating” mining claims are set out by the General...

Many cases over which administrative law judges, administrative judges, and other agency hearing officers preside do not involve broad regulatory issues and are often appropriately resolved by settlement. Following in the footsteps of several innovative federal judges,1 some administrative agencies have begun to provide additional mechanisms for resolving these cases....

The present recommendation implements, and somewhat expands, the statement of principle adopted by the Conference in June 1973 with respect to the American Bar Association’s Resolution No. 10 concerning proposed amendments to the Administrative Procedure Act. It speaks only to the issue of subpena authority in formal proceedings under the Administrative Procedure Act, and...

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