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HEARINGS; EVIDENCE; RECORDS
SEC. 4. (a) The Commission shall give reasonable notice to the
interested parties and an opportunity for them to be heard and to present
evidence before making a final determination upon any claim.
(b) Any relevant evidence having probative value shall be considered
by the Commission in its inquiries. For the purpose of any hearing or
investigation authorized under this Act, the provisions of sections 9 and
10 (relating to examination of documentary evidence, attendance of witnesses,
and production of books, papers, and. documents) of the Federal Trade Commission Act of September 26, 1914, as amended (15 U. S. C. 49, 50), are
hereby made applicable to the jurisdiction, powers, and duties of the
Commission. Any person appointed to examine witnesses may be authorized
by the Commission to issue subpenas, to procure attendance of witnesses
or production of documents, and to appoint an officer to serve the same.
Subpenas may be served personally, by registered mail, by telegraph, or by
leaving a copy thereof at the residence or principal place of business of
the person required to be served. A verified return by the individual so
serving the same, setting forth the manner of service, shall be proof of
service, as shall be the return receipt or telegraph receipt when service
is by registered mail or telegraph, respectively, On request the United
States marshals or their deputies shall serve such process in their
respective districts.
(c) The Commission shall have a seal, whioh shall be judicially
noticed.
(d) A written record shall be kept of all hearings and proceedings
of the Commission and shall be open to public inspection.
ADJUDICATIONS; PAYMENT OF AWARDS; EFFECT OF ADJUDICATIONS
SEC. 5. (a) The Commission shall dispose of all claims filed with
it by award or order of dismissal, as the case may be, upon written findings
of fact and reasons for the decision. A copy of each such adjudication
shall be mailed to the claimant or his attorney.
(b) The Commission may make payment of any award not exceeding $2,500
in amount out of such funds as may be made available for this purpose by
Congress .
(c) On the first day of each regular session of Congress the Secretary
of the Interior shall transmit to Congress a full and complete statement
of all adjudications rendered by the Commission during the previous year,
stating the name of each claimant, the amount claimed, the amount awarded,
the amount paid, and a brief synopsis of the facts in the case. All awards
not paid by the Commission under subsection (b) hereof shall be paid in
like manner as are final judgments of the Court of Claims.
(d) The payment of an award shall be final and conclusive for all
purposes, notwithstanding any other provision of law to the contrary, and
shall be a full discharge of the United States and all of its officers,
agents, servants, and employees with respect to all claims arising out of
the same subject matter. An order of dismissal against a claimant, unless
set aside by the Commission, shall thereafter bar any further claim against
the United States or any officer, agent, servant, or employee thereof
arising out of the sane subject matter.
ATTORNEYS' FEES
SEC. 6. The Commission, in rendering an award in favor of any
claimant, may as a part of the award determine and allow reasonable
attorneys' fees, which shall not exceed 20 per centum of the amount allowed,
to be paid directly to the attorneys representing the claimant out of,
but not in addition to, the amount of such award.
Any attorney who charges, demands, receives, or collects for
3.
Object Description
| Title | Hearings and Reports on the Evacuation Claims Bills |
| Description | The Committee on the Judiciary from the House of the Representatives presents a report on the evacuation claims bills. |
| Subjects | Redress and reparations |
| Type | image |
| Genre | Reports |
| Language | eng |
| Collection | Hirasuna Family Papers |
| Collection Description | 111 items |
| Project Name | California State University Japanese American Digitization Project |
| Rights | Rights not yet transferred |
Description
| Local ID | csufr_hfp_1444 |
| Project ID | csufr_hfp_1444 |
| Title | Page 4 |
| Creator | Unknown |
| Date Created | 1947 - 05 - 28 |
| Subjects | Redress and reparations |
| Type | image |
| Genre | Reports |
| Language | eng |
| Collection | Hirasuna Family Papers |
| Collection Description | 8.29 x 13.68in |
| Rights | Rights not yet transferred |
| Transcript | HEARINGS; EVIDENCE; RECORDS SEC. 4. (a) The Commission shall give reasonable notice to the interested parties and an opportunity for them to be heard and to present evidence before making a final determination upon any claim. (b) Any relevant evidence having probative value shall be considered by the Commission in its inquiries. For the purpose of any hearing or investigation authorized under this Act, the provisions of sections 9 and 10 (relating to examination of documentary evidence, attendance of witnesses, and production of books, papers, and. documents) of the Federal Trade Commission Act of September 26, 1914, as amended (15 U. S. C. 49, 50), are hereby made applicable to the jurisdiction, powers, and duties of the Commission. Any person appointed to examine witnesses may be authorized by the Commission to issue subpenas, to procure attendance of witnesses or production of documents, and to appoint an officer to serve the same. Subpenas may be served personally, by registered mail, by telegraph, or by leaving a copy thereof at the residence or principal place of business of the person required to be served. A verified return by the individual so serving the same, setting forth the manner of service, shall be proof of service, as shall be the return receipt or telegraph receipt when service is by registered mail or telegraph, respectively, On request the United States marshals or their deputies shall serve such process in their respective districts. (c) The Commission shall have a seal, whioh shall be judicially noticed. (d) A written record shall be kept of all hearings and proceedings of the Commission and shall be open to public inspection. ADJUDICATIONS; PAYMENT OF AWARDS; EFFECT OF ADJUDICATIONS SEC. 5. (a) The Commission shall dispose of all claims filed with it by award or order of dismissal, as the case may be, upon written findings of fact and reasons for the decision. A copy of each such adjudication shall be mailed to the claimant or his attorney. (b) The Commission may make payment of any award not exceeding $2,500 in amount out of such funds as may be made available for this purpose by Congress . (c) On the first day of each regular session of Congress the Secretary of the Interior shall transmit to Congress a full and complete statement of all adjudications rendered by the Commission during the previous year, stating the name of each claimant, the amount claimed, the amount awarded, the amount paid, and a brief synopsis of the facts in the case. All awards not paid by the Commission under subsection (b) hereof shall be paid in like manner as are final judgments of the Court of Claims. (d) The payment of an award shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary, and shall be a full discharge of the United States and all of its officers, agents, servants, and employees with respect to all claims arising out of the same subject matter. An order of dismissal against a claimant, unless set aside by the Commission, shall thereafter bar any further claim against the United States or any officer, agent, servant, or employee thereof arising out of the sane subject matter. ATTORNEYS' FEES SEC. 6. The Commission, in rendering an award in favor of any claimant, may as a part of the award determine and allow reasonable attorneys' fees, which shall not exceed 20 per centum of the amount allowed, to be paid directly to the attorneys representing the claimant out of, but not in addition to, the amount of such award. Any attorney who charges, demands, receives, or collects for 3. |
