Page:United States Statutes at Large Volume 91.djvu/1348

 91 STAT. 1314 Compensation.

Delegation of powers.

Proceedings, disposition.

Review of decisions, rules of procedure. Discretionary review petition, filing.

PUBLIC LAW 95-164—NOV. 9, 1977 sion. Assignment, removal, and compensation of administrative law judges shall be in accordance with sections 3105,3344,5362 and 7521 of title 5, United States Code. "(c) The Commission is authorized to delegate to any group of three or more members any or all of the powers of the Commission, except that two members shall constitute a quorum of any group designated pursuant to this paragraph. "(d)(1) An administrative law judge appointed by the Commission to hear matters under this Act shall hear, and make a determination upon, any proceeding instituted before the Commission and any motion in connection therewith, assigned to such administrative law judge by the chief administrative law judge of the Commission or by the Commission, and shall make a decision which constitutes his final disposition of the proceedings. The decision of the administrative law judge of the Commission shall become the final decision of the Commission 40 days after its issuance unless within such period the Commission has directed that such decision shall be reviewed by the Commission in accordance with paragraph (2). An administrative law judge shall not be assigned to prepare a recommended decision under this Act. "(2) The Commission shall prescribe rules of procedure for its review of the decisions of administrative law judges in cases under this Act which shall meet the following standards for review: "(A)(i) Any person adversely affected or aggrieved by a decision of an administrative law judge, may file and serve a petition for discretionary review by the Commission of such decision within 30 days after the issuance of such decision. Review by the Commission shall not be a matter of right but of the sound discretion of the Commission. "(ii) Petitions for discretionary review shall be filed only upon one or more of the following grounds: " (I) A finding or conclusion of material fact is not supported by substantial evidence. " ( II) A necessary legal conclusion is erroneous. " ( I l l) The decision is contrary to law or to the duly promulgated rules or decisions of the Commission. "(IV) A substantial question of law, policy or discretion is involved. " (V) A prejudicial error of procedure was committed. "(iii) Each issue shall be separately numbered and plainly and concisely stated, and shall be supported by detailed citations to the record when assignments of error are based on the record, and by statutes, regulations, or principal authorities relied upon. Except for good cause shown, no assignment of error by any party shall rely on any question of fact or law upon which the administrative law judge had not been afforded an opportunity to pass. Review by the Commission shall be granted only by affirmative vote of two of the Commissioners present and voting. If granted, review shall be limited to the questions raised by the petition. "(B) At any time within 30 days after the issuance of a decision of an administrative law judge, the Commission may in its discretion (by affirmative vote of two of the Commissioners present and voting) order the case before it for review but only upon the ground that the decision may be contrary to law or Commission policy, or that a novel question of policy has been presented. The Commission shall state in such order the specific issue of law, Commission policy, or novel question of policy involved. If a party's petition for discretionary review has been granted, the Commission shall not raise or consider additional issues

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