5 U.S.C. § 1007
Responsibilities of agency heads
Historical and Revision Notes | ||
|---|---|---|
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
1007 | 5 U.S.C. App. (FACA § 8) | Pub. L. 92–463, § 8, Oct. 6, 1972, 86 Stat. 773. |
In subsection (a), the word “Administrator” is substituted for “Director” (meaning the Director of the Office of Management and Budget) because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.).
Notes of Decisions
Cited in 152
cases, 1948–1983 · leading case: Universal Camera Corp. v. Nat'l Labor Relations Bd., 340 U.S. 474 (1951).
Universal Camera Corp. v. Nat'l Labor Relations Bd., 340 U.S. 474 (1951). “242 , 5 U. S. C. § 1007 (b). We found that this Act’s provision for judicial review has the same meaning as that in the Taft-Hartley Act.”
Oscar Mayer & Co. v. United States, 268 F. Supp. 977 (W.D. Wis. 1967). “Similarly, when as here it is contended that in revoking a suspension order, the Commission is bound to "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 discretion presented on the…”
Long Island Rail Road Co. v. United States, 140 F. Supp. 823 (E.D.N.Y 1956). “" The original complaint challenged the validity of the vacating order on the ground (1) that "good cause appearing therefor" was an insufficient statement of reasons for the Division's about face, and (2) that the order did not comply with the requirements of the Administrative…”
Burlington Truck Lines, Inc. v. United States, 371 U.S. 156 (1962). “[15] Section 8 (b), 5 U. S. C. § 1007 (b), provides that all decisions shall "include a statement of .”
Norfolk S. Bus Corp. v. United States, 96 F. Supp. 756 (E.D. Va. 1950). “) Even though section 8(b) of the Administrative Procedure Act, 5 U.S.C.A. § 1007 (b), may now be applicable to the decisions of the Interstate Commerce Commission, we think that the Commission's report contains findings sufficient to support the order.”
Sisto v. Civil Aeronautics Bd., 179 F.2d 47 (D.C. Cir. 1949). “242 , 5 U.S.C.A. § 1007 . 9 . 14 C.F.R. 97.21 (k) (1949); Administrative Procedure Act, sec.”
State Corp. Comm'n of Kan. v. Fed. Power Comm'n. N. Nat. Gas Co. v. Fed. Power Comm'n, 206 F.2d 690 (8th Cir. 1953). “The case must be remanded to the Commission with direction to make additional findings and conclusions upon its determination of the issue of Rate of Return, including its reasons and basis therefor so as to comply with the requirements of 5 U.S.C.A. § 1007 (b). 10. The…”
Cent. & S. Motor Freight Tariff Ass'n v. United States, 273 F. Supp. 823 (D. Del. 1967). “Subsidiary contentions are directed to the Commission’s failure to comply with § 8 of the Administrative Procedure Act, 5 U.S.C.A. § 1007 (a) (1950). The alleged failure of compliance is twofold: the Commission’s bypassing of the examiner’s report with the most perfunctory…”
T.S.C. Motor Freight Lines, Inc. v. United States, 186 F. Supp. 777 (S.D. Tex. 1960). “” The Amarillo-Borger and Dixie Carriers cases involve orders entered for “good cause appearing” which vacated and overruled existing Commission orders suspending proposed rates [ 138 F.”
Kuhn v. Civil Aeronautics Bd., 183 F.2d 839 (D.C. Cir. 1950). “§ 1007 (b), merely states that “all decisions (including initial, recommended, or tentative decisions) shall become 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…”
Amarillo-Borger Express, Inc. v. United States, 138 F. Supp. 411 (N.D. Tex. 1956). “Moreover, this requirement has now been made explicit by the Administrative Procedure Act, 5 U.S.C.A. § 1007 (b), which requires a statement of findings and conclusions in their ultimate legal form “as well as the reasons or basis therefor.”
The Fed. Trade Comm'n v. J. Weingarten, Inc., 336 F.2d 687 (5th Cir. 1964). “The remand power is conferred by § 8 of the Administrative Procedure Act, 5 U.S.C.A. § 1007 , Attorney General’s Manual on the Administrative Procedure Act 84-85, and is expressly recognized in the Commission’s Rules of Practice 4.”
— 5 U.S.C. § 1007(a) — 2 cases
Ivan M. Hoffman v. Abraham A. Ribicoff, Sec'y of Health, Educ. & Welfare, 305 F.2d 1 (8th Cir. 1962).
Wilson v. United States, 114 F. Supp. 814 (W.D. Mo. 1953).
— 5 U.S.C. § 1007(b) — 11 cases
State Corp. Comm'n of Kan. v. Fed. Power Comm'n. N. Nat. Gas Co. v. Fed. Power Comm'n, 206 F.2d 690 (8th Cir. 1953). “The case must be remanded to the Commission with direction to make additional findings and conclusions upon its determination of the issue of Rate of Return, including its reasons and basis therefor so as to comply with the requirements of 5 U.S.C.A. § 1007 (b). 10. The…”
Armored Carrier Corp. v. United States, 260 F. Supp. 612 (E.D.N.Y 1966).
Younger Bros., Inc. v. United States, 238 F. Supp. 859 (S.D. Tex. 1965).
North Am. Van Lines, Inc. v. United States, 217 F. Supp. 837 (N.D. Ind. 1963).
Freight Forwarders Inst. v. United States, 263 F. Supp. 460 (S.D.N.Y. 1967).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.