...under this Act has been given an opportunity for a public hearing and the Secretary has determined, by decision incorporating his findings of fact therein,...occur, and the amount of the penalty which is warranted . . . ." The operators argue that a penalty assessment itself is an adjudicatory function and hence...

...this act has been given an opportunity for a public hearing and the Secretary has determined, by a decision incorporating his findings of fact therein,...and the amount of the penalty which is warranted. . . ." a Recently, the Supreme Court ruled that the findings of fact were required only if the person...

...public hearing, a civil penalty shall be assessed by the Secretary after the Secretary has determined that a violation did occur, and the amount of the penalty which is warranted, and has issued an order requiring that the penalty be paid. (c) Notice of violation; action required...

...specifically instruct the Secretary to assess a civil penalty only after he has determined by decision, "* * * that a violation did occur, and the amount of the penalty which is warranted, " This doctrine Is, as North American pointed out In oral argument, a guide to statutory construction rnther...

...Defendants would have the court read the statutory language as also requiring only an "opportunity" for a determination by the Secretary, by decision Incorporating...and the amount of the penalty which is warranted. In the Court's view, however. the statute absolutely requires such a determination by the Secretary...

...Defendants would have the court read the statutory language as also requiring only an "opportunity" for a determination by the Secretary, by decision incorporating...and the amount of the penalty which is warranted. In the Court's view, however. the statute absolutely requires such a determination by the Secretary...

...appçopriate penalty. 4') Opportunity for formal adjudication and formal adjudication, if requested. ¿.) Determination by the Secretary, by decision incorporating...and the amount of the penalty which is warranted. ¿‘his is intended as an illustrative example only. Ther€ ¿ ¿ther approaches which comport with...

...violation must have been given an opportunity for a public hearing, and the Secretary must have determined, by decision incorporating his findings of fact therein,...and the amount of the penalty which is warranted. The system thus required by Congress may be an administrative burden on the Bureau of Mines because...

...given an opportunity for a hearing and the Commission has determined, by decision incorporating its findings of fact therein, that a violation did occur, and the amount of the penalty. Any hearing "under this section shall be of record and shall be held in accordance with section 5-54...

...under paragraph (3) has been given an opportunity for a hearing and the Attorney General has determined that a violation did occur, and the amount of the penalty which is warranted. The hearing shall be of record and conducted before an immigration officer designated by the Attorney...