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" When an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary. "
Agriculture Decisions: Decisions of the Secretary of Agriculture Under the ... - Side 1025
av United States. Department of Agriculture - 1999
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Interstate Commerce Commission Reports: Reports and Decisions of ..., Volum 359

United States. Interstate Commerce Commission - 1978 - 974 sider
...subject for official notice. It cites the Administrative Procedure Act (5 USC §556(e)) as follows: When an agency decision rests on official notice of a material fact not appearing in the evidence of record, a party is entitled, on timely request, to an opportunity to show the contrary. It requests...
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Interstate Commerce Commission Reports: Reports and Decisions of ..., Volum 348

United States. Interstate Commerce Commission - 1975 - 1030 sider
...an agency decision rests on official notice of a maicnul fact noi appearing in the record, the parly is entitled, on timely request, to an opportunity to show to the contrary. Mere the 113-carload figure is a material fact in the initial decision ot Which the examiner purports...
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Interstate Commerce Commission Reports: Reports and Decisions of ..., Volum 348

United States. Interstate Commerce Commission - 1975 - 1066 sider
...agency decision rests on official notice of a material fact nut appearing in the record, the parly is entitled, on timely request, to an opportunity to show to the contrary. Here the 113-carload figure is a material fact in the initial decision of which the examiner purports...
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Interstate Commerce Commission Reports: Motor carrier cases, Volum 128

United States. Interstate Commerce Commission - 1977 - 1020 sider
...556(e), provides that when an agency decision rests on official notice of material fact not appearing on the record, a party is entitled, on timely request, to an opportunity to show the contrary. If the parties wish to challenge the accuracy of these figures, they may do so by filing...
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Interstate Commerce Commission Reports: Motor carrier cases, Volum 106

United States. Interstate Commerce Commission - 1967 - 968 sider
...Administrative Procedure Act, 5 USC § 556(d) provides in part: Where any agency decision rests on offic ial 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. Grossberg's affidavit...
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General Rules and Regulations Under the Securities Exchange Act of 1934, as ...

United States. Securities and Exchange Commission - 1956 - 900 sider
...within the knowledge of the Commission as an expert body. If official notice is requested or taken of a material fact not appearing in the evidence in the record, the parties, upon timely request, shall be afforded an opportunity to establish the contrary. Rule...
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The Code of Federal Regulations of the United States of America ..., Bok 5

1948 - 1480 sider
...upon request. § 201.196 Decision based on matter outside of record. Where a decision rests on the official notice of a material fact not appearing in the evidence in the record, any party, on timely request, will be afforded an opportunity to show the contrary. § 201.197 Exceptions....
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United States Code, Volum 2

United States - 1953 - 1692 sider
...of the trial examiner or any decision of the Commission, or part thereof, rests upon the taking of official notice of a material fact not appearing in the evidence in the record, any party shall, upon timely motion, be ifforded an opportunity to show the contrary. (d) Objections....
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Revised Edition of Laws Applicable to the United States Department ..., Volum 2

United States - 1945 - 1138 sider
...title 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. (June 11, 1946,...
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Administrative Procedure Act: With Explanation, Approved June 11, 1946

United States, Commerce Clearing House - 1946 - 56 sider
...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 [11534]...
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