Noise Control, Hearings Before the Subcommittee on Public Health and Enviornment ... 92-1, on H.R. 5275, 923, 3364, 6002, 6986, and 6988; June 16, 17, 22, 23, and 24, 1971

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Page 33 - Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
Page 33 - A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, or any officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part, temporarily or permanently, but until...
Page 55 - ... (5) provide such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods} as are found by the Secretary to be necessary for the proper and efficient operation of the plan...
Page 33 - Commissioner thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28, United States Code. (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive...
Page 31 - State agency for any applicant whose application for approval of a project is denied; and (8) provides that the State agency will make such reports to the Secretary, in such form and containing such information, as may reasonably be necessary to enable...
Page 45 - employer" means a person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State. (6) The term "employee" means an employee of an employer who is employed in a business of his employer which affects commerce. (7) The term "State...
Page 65 - For purposes of enforcement of this Act, officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment...
Page 14 - State health planning must — (A) designate, or provide for the establishment of, a single State agency, which may be an interdepartmental agency, as the sole agency for administering or supervising the administration of the State's health planning functions under the plan...
Page 80 - State with respect to such a standard or limitation, or (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator.
Page 82 - Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any effluent standard or limitation or to seek any other relief (including relief against the Administrator or a State agency).

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