Page:United States Statutes at Large Volume 60 Part 1.djvu/267

 PUBLIC LAWS--CH. 324-JUNE 11, 1946 to the extent that the parties are unable so to determine any contro- versy by consent, hearing, and decision upon notice and in conformity with sections 7 and 8. (c) SEPARATION OF FUNCTIONS.-The same officers who preside at the reception of evidence pursuant to section 7 shall make the recom- mended decision or initial decision required by section 8 except where such officers become unavailable to the agency. Save to the extent required for the disposition of ex parte matters as authorized by law, no such officer shall consult any person or party on any fact in issue unless upon notice and opportunity for all parties to partici- pate; nor shall such officer be responsible to or subject to the super- vision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency. No officer, employee, or agent engaged in the performance of investi- gative or prosecuting functions for any agency in any case shall: in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 8 except as witness or counsel in public proceedings. This subsection shall not apply in determining applications for initial licenses or to pro- ceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; nor shall it be applicable in any manner to the agency or any member or members of the body comprising the agency. (d) DECLARATORY ORDERS.-T he agency is authorized in its sound discretion, with like effect as in the case of other orders, to issue a declaratory order to terminate a controversy or remove uncertainty. ANCIrLARY MATrERs SEC. 6. Except as otherwise provided in this Act- (a) APPEARANCE.- Any person compelled to appear in person before any agency or representative thereof shall be accorded the right to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. Every party shall be accorded the right to appear in person or by or with counsel or other duly qualified representative in any agency proceed- ing. So far as the orderly conduct of public business permits, any interested person may appear before any agency or its responsible officers or employees for the presentation, adjustment, or determina- tion of any issue, request, or controversy in any proceeding (inter- locutory, summary, or otherwise) or in connection with any agency function. Every agency shall proceed with reasonable dispatch to conclude any matter presented to it except that due regard shall be had for the convenience and necessity of the parties or their repre- sentatives. Nothing herein shall be construed either to grant or to deny to any person who is not a lawyer the right to appear for or represent others before any agency or m any agency proceeding. (b) INVEsTIGATIONs.- No process, requirement of a report, inspec- tion, or other investigative act or demand shall be issued, made, or enforced in any manner or for any purpose except as authorized by law. Every person compelled to submit data or evidence shall be entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony. (c) SuBPENAs.- A gency subpenas authorized by law shall be issued to any party upon request and, as may be required by rules of pro- cedure, upon a statement or showing of general relevance and reason- able scope of the evidence sought. Upon contest the court shall sustain 240 [60 STAT.

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