Page:United States Statutes at Large Volume 60 Part 1.djvu/264

 60 STAT.] 79TH CONG. , 2D SESS.-CHS. 299, 324-JUNE 10, 11, 1946 attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwith- standing. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. Approved June 10, 1946. [CHAPTER 324] AN ACT To improve the administration of justice by prescribing fair administrative procedure. 237 June 11, 1946 [S. 7] [Public Law 404] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE SECTION 1. This Act may be cited as the "Administrative Procedure Administrative Pro- At". cedure Act. DEFINITIONs SEC. 2. As used in this Act- (a) AGENCY.- "Agency" means each authority (whether or not within or subject to review by another agency) of the Government of the United States other than Congress, the courts, or the governments of the possessions, Territories, or the District of Columbia. Nothing in this Act shall be construed to repeal delegations of authority as provided by law. Except as to the requirements of section 3, there shall be excluded from the operation of this Act (1) agencies com- posed of representatives of the parties or of representatives of organ- izations of the parties to the disputes determined by them, (2) courts martial and military commissions, (3) military or naval authority exercised in the field in time of war or in occupied territory, or (4) functions which by law expire on the termination of present hos- tilities, within any fixed period thereafter, or before July 1, 1947, and the functions conferred by the following statutes: Selective Training and Service Act of 1940; Contract Settlement Act of 1944; Surplus Property Act of 1944. (b) PERSON AND PARTY.- "Person" includes individuals, partner- ships, corporations, associations, or public or private organizations of any character other than agencies. "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any agency proceed- ing; but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes. (c) RULE AND RULE MAKINO. -"Rule" means the whole or any part of any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice require- ments of any agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganiza- tions thereof, prices, facilities, appliances, services or allowances there- for or of valuations, costs, or accounting, or practices bearing upon any of the foregoing. "Rule making" means agency process for the formulation, amendment, or repeal of a rule. (d) ORDER AND ADJUDICATION. -"Order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency in any matter other than rule making but including licensing. "Adjudication" means agency process for the formulation of an order. Post, pp. 918, 993. 54 Stat. 885; 58 Stat. 649, 765. 50U.S.C.app.§i 301-318; Supp. V, app. 302et e., 41U.S. C., Supp. V, 9 101-125; 50 U.S. ., Supp. V app. i9 1611-1646. Ante, pp. 168, 169, 181; post, pp. 341,342, 599, 754, 886.

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