Procedural Changes Affecting Public Utilities Commission: Hearings Before the Subcomittee....on H.R. 3462 |
Pogosti izrazi in povedi
administrative answer application arbitrary or capricious BOWEN BRUTON CARPENTER Chairman Commis Commission's committee conclusive confiscation Congress constitutional rights Court of Appeals delay determine District of Columbia due process DUNLOP ELLENBOGEN entitled exclusive exercise existing law February 12 Federal Radio Commission Federal Trade Commission fifth amendment filed findings of fact fourteenth amendment hearing HOOVER independent judgment Interstate Commerce Commission involved issue judicial review Keller language law and facts legislative litigation matter memorandum method of review mission Ohio Valley Water order or decision ORSDEL paragraph 66 Pennsylvania people's counsel plaintiff in error Potomac Electric Power PRETTYMAN proceeding process of law Public Utilities Act Public Utilities Commission questions of law Radio Act Radio Commission reason record remedy require ROBERTS sion statement statute submitted substantial evidence SULLIVAN supported by substantial Supreme Court telephone testimony tion United unreasonable valuation VAN ORSDEL words
Priljubljeni odlomki
Stran 72 - State must provide a fair opportunity for submitting that issue to a judicial tribunal for determination upon its own independent judgment as to both law and facts; otherwise the order is void because in conflict with the due process clause, Fourteenth Amendment.
Stran 17 - That the review by the court shall be limited to questions of law and that findings of fact by the Commission, if supported by substantial evidence, shall be conclusive unless it shall clearly appear that the findings of the Commission are arbitrary or capricious.
Stran 95 - Whether the Commission applies the legislative standards validly set up, whether it acts within the authority conferred or goes beyond it, whether its proceedings satisfy the pertinent demands of due process, whether, in short, there is compliance with the legal requirements which fix the province of the Commission and govern its action, are appropriate questions for judicial decision.
Stran 35 - If the court shall, upon the record, find that the order appealed from is unreasonable or based upon incompetent evidence materially affecting the determination or order of the Commission, or is otherwise not in conformity with law, it may enter a final decree reversing the order of the Commission, or, in its discretion, it may remand the record to the Commission, with directions to reconsider the matter and make such order as shall be reasonable and in conformity with law.
Stran 71 - This court has held the owner to be entitled to " a fair opportunity for submitting that issue to a judicial tribunal for determination upon its own independent judgment as to both law and facts.
Stran 70 - ... without due process of law, in violation of the fifth amendment to the Constitution, in case it is made by the United States authority, or in violation of the fourteenth amendment to the Constitution of the United States in case this legislative authority is exercised by a State.
Stran 5 - No corporation or person, or the State, shall in any court urge or rely on any ground not set forth in said application.
Stran 100 - The review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order or decision under review violates any right of the petitioner under the constitution of the United States or of the State of California.
Stran 73 - ... whether, even although the order be in form within the delegated power, nevertheless it must be treated as not embraced therein, because the exertion of authority which is questioned has been manifested in such an unreasonable manner as to cause it, in truth, to be within the elementary rule that the substance, and not the shadow, determines the validity of the exercise of the power.
Stran 10 - That after a decision, order, or requirement has been made by the Commission in any proceeding, any party thereto may at any time make application for rehearing of the same, or any matter determined therein, and it shall be lawful for the Commission in its discretion to grant such a rehearing if sufficient reason therefor be made to appear.