8. Delaying motions and requests for additional time (32, 35, 54). 9. Undue rewriting of examiner decisions by the Commission even when examiner is affirmed (32, 51, 53).

10. Slow process of enforcing orders for the production of evidence (53).

11. Indiscriminate allowance of intervention even though the general public is represented by a special hearing counsel (42).

12. Postponements are less likely to occur in agencies where cases are part of an itinerary than where they are individually scheduled in Washington (35).

13. If long filing times are allowed, lawyers will take a long time but only a short time if only short filing times are allowed (35).

14. There seems to have been a practice of some litigants to seek the aid of Members of Congress, Government officials, and newspapers, or use other pressure tactics to obtain an undeserved priority over other litigants (36).

15. More difficult cases are allowed to fall behind and easier cases are given a priority in output (54).

D. Federal Power Commission (Causes)

1. Complicated factual situations, a multiplicity of parties, and length of transcript (11, 21, 31, 32, 36).

2. Applicant's failure to submit sufficient material in support of his application (11).

3. The presence of protestants to applications (11, 31, 43). 4. Time needed to prepare for hearing (11).

5. Use of oral argument (11).

6. Delaying tactics by protestants and others (11).

7. Lack of sufficient staff (11, 34).

8. Several large matters may occur concurrently (11, 34).

9. Rate increases, emergency situations, seasonal deadlines, and new hydroelectric projects are given priority treatment (11, 36, 41). 10. Subjecting independent gas producers to the Natural Gas Act and the tremendous increase in natural gas pipelines (11).

11. Use of written testimony prepared by experts tends to make counsel less familiar with his case (31).

12. Prehearing conferences lengthen total time even if they decrease hearing time (31).

13. Speed of individual examiners (36).

14. Changes and vacancies in Commission membership (36).

15. Allowing intervenors with little economic interest to participate (41).

16. Workloads of examiners (41).

17. Failure of the agency to articulate standards on issues (41). 18. There is overconsolidation of cases resulting in unwieldly proceedings (41).

19. Necessity for rehearings following remands either by the Commission or by the courts (42).

E. Federal Trade Commission (Causes)

1. Complexity and controversialness of cases (11, 31, 32, 34, 42, 36). 2. Lack of cooperation from the firms or individuals being investigated (11).

3. The workload of the individual or organizational unit conducting an investigation or writing a decision (11, 31).

4. Pleadings and hearings are delayed by motions for more definite statements, attempts to secure interlocutory appeals, unduly extended pretrial procedure, and court efforts to enjoin the commission (11, 31, 33, 36, 34, 21).

5. Gravity of a matter may cause it to be investigated sooner but not necessarily adjudicated sooner (11, 21).

6. Time required by counsel to digest the record (31).

7. Small cases are sometimes moved ahead of large cases (31). 8. Personal efficiency of officials and attorneys (32).

9. Administrative due process (32).

10. Involvement of examiners, counsel, or witnesses in other proceedings or illness or other causes of unavailability (34).

11. Possible lack of close liaison between investigators and trial attorneys (36).

12. Granting extensions for settlement period and then not reaching a settlement (21).

13. Disagreement between Commission and hearing examiner or among Commissioners (21).

14. Lack of staff and funds (21).

15. Failure of agency heads (not necessarily the FTC head) to define substantive standards and resolve questions of fundamental importance (22).

F. Interstate Commerce Commission (Causes)

1. Parties being investigated make an effort to conceal relevant facts from investigators (11, 22).

2. Requests for extensions of time to file pleadings and "too many occasions where a grant should very possibly have been a denial" (11, 22, 33).

3. Huge and increasing volume of motor carrier applications (11, 22, 23, 33, 52, 24, 26).

4. Small bar of ICC practitioners relative to the increased volume of applications (11, 33).

5. Complexity of cases including size of record (11, 22, 31, 26). 6. Slowness by some hearing examiners in preparing initial decisions (11, 22).

7. Last-minute withdrawal of cases that have been scheduled for a hearing (11, 23, 31, 51, 52, 41).

8. Excessive cross-examination (11, 33).

9. Lack of available hearing facilities and reporting services (11). 10. Overlap among the parties in various cases resulting in scheduling difficulties (11).

11. Waiting to accumulate an itinerary of several hearings in the same geographical area (11, 22, 33, 26).

12. Withholding a decision pending an agency or judicial decision in a related case (22).

13. Filing of duplicate applications by other motor carriers when one motor carrier files (23, 41).

14. Filing of protests to motor carrier applications where the protests are merely designed to delay competition (23, 41).

15. Holding back on the preparation of an initial report while awaiting the filing of proposed findings and briefs (31, 33).

16. If continuance is not granted, applicant will sometimes withdraw and refile later (33).

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17. Examiners admit questionable evidence and give it low weight rather than declare it inadmissible (33).

18. Delay by examiner in preparing an initial decision because he has to hear other cases or has to wait for the transcript to be prepared (33).

19. Statutory time limits accelerate some cases, (e.g., a train can discontinue if its discontinuance application is not processed in 4 months (52, 26).

20. Annual rotation of the chairmanship (25).

G. National Labor Relations Board (Causes)

1. Increased workload from 17,000 cases in 1958 to 28,000 in 1965 (11, 33).

2. Increasingly complicated factual and legal situation as indicated by increased transcript lengths, hearing days, and length of examiners' decisions (11).

3. Need to dispose of unfair labor charges before a representation election can be held unless party making the unfair claim is willing to proceed with the elections (11).

4. Postelection objections to an election or challenges to voters (11). 5. Certain types of unfair labor practice cases are required by statute to receive priority treatment (11).

6. Allowing for the filing of cross-exceptions, reply briefs, and answering briefs (11).

7. Requirement of court-like proceedings for unfair labor practice cases (31).

8. Lack of adequate personnel especially experienced personnel (41). 9. Assigning investigative work to board attorneys who are already burdened with heavy hearing work schedules (41).

H. Securities and Exchange Commission (Causes)

1. Complexity of cases, including sophisticated concealment of misconduct, size of the record, quantity of issues, and novelty (11, 31). 2. Opposition to an investigation may require subpena enforcement proceedings or defense against an injunction suit (11).

3. Submission of successive unacceptable offers of settlement by the same party which must be ruled upon regardless how unreasonable (11).

4. Motions for a bill of particulars or motions to dismiss on jurisdictional or other grounds (11, 31).

5. Discovery of new facts necessitating new pleadings (11).

6. Changing of counsel or late hiring of counsel necessitating extensions of time (11).

7. Engagements of relevant persons in other matters may delay investigations, hearings, and decisions (11, 31).

8. Inadequate prehearing efforts by counsel to stipulate noncontroversial evidence (11).

9. Attempts to include irrelevant or immaterial evidence or to exclude relevant or material evidence (11).

10. Applicant may ask that his application be held in abeyance but not withdrawn (11).

11. Counsel may not prepare proposed findings with sufficient care (11).

12. Requiring an initial decision results in delay where there are no factual disputes but where important questions of law and policy make it certain that the commission will have to redecide (11).

13. The commission frequently addresses itself to all issues in each case reviewed (11).

14. The need to suspend cases until some other relevant case is decided or some relevant event occurs (11).

15. High volume of activity in the securities markets with accompanying filing of low-grade securities (11).

16. Turnover of skilled personnel (11).

17. Certain types of proceedings are given accelerated treatment because of severe damage that delay might cause; e.g., suspension of a broker dealer (11, 31).

18. Applications for additional filing time (31).

19. Hearings are some time interrupted after the plaintiff's presentation to afford time for the preparation of the defense (31).

I. Miscellaneous Adjudicative Agencies (Causes)

1. Lack of funds and personnel (A, H).

2. Challenges to agency jurisdiction (A).

3. Poor recordkeeping of the parties investigated (A, H).

4. Unavailability of witnesses (A, C).

5. Need to subpena information in order to complete an investigation (A).

6. Obtaining cooperation from those investigated (A, H).

7. Unfamiliarity of parties and their attorneys with administrative procedures (A, R).

8. Extensions to allow party to obtain an attorney (A).

9. Need for additional time to file papers (A, L).

10. Filing proposed findings and briefs consecutively rather than concurrently (A).

11. Requirements of personal service rather than services by registered mail (A).

12. Conflicts between hearings and other engagements of examiners, parties, or counsel necessitating postponements (A, G, H, J, P, C, S). 13. Failure to stipulate evidence (A).

14. Frivolous or other motions to delay proceedings (A, C).

15. Large and possibly increasing workload (A, F, J, S).

16. Certain cases are moved ahead of others; e.g., emergency cases, test cases, remand cases (A, G, H, P, R, S, L).

17. Complexity of cases (G, H, C).

18. Failure of parties to supply sufficient information in the pleadings (G, H, R, S).

19. Fluctuating workloads (H, I, R, C).

20. Lack of power to compel information (H).

21. Allowing cases to accumulate so that there is enough for an

itinerary especially if some cases are withdrawn (I, P, R, S).

22. Holding back on certain cases until other relevant cases are decided (P).

23. Waiting for transcripts to be prepared (C).

II. ADOPTED REMEDIES FOR DELAY MENTIONED BY THOSE ASSOCIATED WITH THE

A. Civil Aeronautics Board (Adopted Remedies)

1. Consolidation of cases (31).

2. Prehearing conferences (31, 51, 52).

3. Strict control of testimony offered (31).

4. Initial decision becomes final decision unless CAB grants discretionary review within 30 days (31, 32, 52).

5. Weekly conferences of examiners to improve efficiency (32). 6. Expedited procedures with regard to appeals from emergency orders (33).

7. Use of written direct testimony (51, 52).

8. Regular reminders for making expeditious disposition (51).

9. Use of a manual which the examiners have compiled for handling protracted cases (51)

10. Standards of practice are circulated and discussed with the attorneys at the time of the prehearing conferences (51).

11. Procedures for encouraging informal settlements (51).

B. Federal Communications Commission (Adopted Remedies) 1. Use of filing periods that are adequate in 80 percent of the cases (11, 51).

2. Review board which reviews examiners' decisions (11, 21, 22, 31, 52).

3. Delegation of authority to staff officers to act on routine applications (11).

4. Precise rulemaking to provide guidelines for the parties particularly in application proceedings (11, 52).

5. Protests to applications must now precede commission action and intervention must now occur within 30 days of Federal Register notice (11).

6. Computer processing of routine applications (11, 21).

7. Rare interruptions due to consideration of interlocutory questions especially since examiners have been given further authority to rule on them (11, 52).

8. Detailed studies of agency procedures (31).

C. Federal Maritime Commission (Adopted Remedies)

1. Respondent must quickly provide the commission with the name of his attorney and service on the attorney is considered service on the respondent (11).

2. Complaints may be issued against groups thereby making the group members into respondents (11).

3. Hearing examiner can rule on all motions made while he has the case and subpenas of commission personnel may be quashed until examiner can rule (11, 35, 36).

4. Declaratory orders must be acted on within 60 days (11).