§ 8124. Findings and award; hearings
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/usc/title-5/section-8124A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Secretary of Labor shall determine and make a finding of facts and make an award for or against payment of compensation under this subchapter after—
(1)considering the claim presented by the beneficiary and the report furnished by the immediate superior; and
(2)completing such investigation as he considers necessary.
(1)Before review under section 8128(a) of this title, a claimant for compensation not satisfied with a decision of the Secretary under subsection
(a)of this section is entitled, on request made within 30 days after the date of the issuance of the decision, to a hearing on his claim before a representative of the Secretary. At the hearing, the claimant is entitled to present evidence in further support of his claim. Within 30 days after the hearing ends, the Secretary shall notify the claimant in writing of his further decision and any modifications of the award he may make and of the basis of his decision.
(2)In conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by section 554 of this title except as provided by this subchapter, but may conduct the hearing in such manner as to best ascertain the rights of the claimant. For this purpose, he shall receive such relevant evidence as the claimant adduces and such other evidence as he determines necessary or useful in evaluating the claim.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545; Pub. L. 90–83, § 1(58), Sept. 11, 1967, 81 Stat. 210.)
The last sentence of former section 786 is omitted as surplusage because it is covered by section 8147.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, 64 Stat. 1271 (see section 8145).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
In subsection (b)(1), the words “section 8128(a) of this title” are substituted for “section 37” to reflect the codification of section 37 in title 5, United States Code. The words “a claimant * * * is entitled * * * to a hearing” are substituted for “any claimant * * * shall * * * be afforded an opportunity for a hearing”. The words “under subsection
(a)of this section” are substituted for “under this section” for clarity. In the second sentence, the words “is entitled to present evidence” are substituted for “shall be afforded an opportunity to present evidence”.
In subsection (b)(2), the words “section 554 of this title * * * this subchapter” are substituted for “section 5 of the Administrative Procedure Act * * * this Act” to reflect the codification of the cited section and act in title 5. In the second sentence, the words “shall, in addition, receive” are omitted as unnecessary.
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Cited by 13 sections · top 10
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7 references not yet in our index
- Pub. L. 89–554
- 80 Stat. 545
- Pub. L. 90–83, § 1(58)
- 81 Stat. 210
- 64 Stat. 1271
- section 1(58) of Pub. L. 90–83
- section 7 of Pub. L. 90–83
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cites case law
§ 8124
Findings and award; hearings
Fed. Reg.×9
C.F.R.×2
U.S.C.×2
Pub. L.Pub. L. 89–554
Stat.80 Stat. 545
Pub. L.Pub. L. 90–83, § 1(58)
Stat.81 Stat. 210
Stat.64 Stat. 1271
Cites 10 · showing 8Cited by 13 across 3 sources