5 U.S.C. § 8124 | Findings and award; hearings

(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.

(b)

(1)

section 8128(a) of this title Before review under , 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)

section 554 of this title 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 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. 89–554Sept. 6, 196680 Stat. 545 Pub. L. 90–83, § 1(58)Sept. 11, 196781 Stat. 210(, , ; , , .)

Historical and Revision Notes
	5 U.S.C. 786.	Sept. 7, 1916, ch. 458, § 36, 39 Stat. 749.

Historical and Revision Notes

1966 Act

5 U.S.C. 786.

Sept. 7, 1916, ch. 458, § 36, 39 Stat. 749.

The last sentence of former section 786 is omitted as surplusage because it is covered by section 8147.

64 Stat. 1271Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, (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.

1967 Act
Section of title 5	Source (U.S. Code)	Source (Statutes at Large)
8124(b)	5 App.: 786(b).	July 4, 1966, Pub. L. 89–488, § 11(b), 80 Stat. 255.

section 8128(a) of this titleIn subsection (b)(1), the words “” 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”.

section 554 of this titleIn subsection (b)(2), the words “ * * * 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.

Statutory Notes and Related Subsidiaries

Personnel Not Affected by 1967 Increase

section 1(58) of Pub. L. 90–83 section 7 of Pub. L. 90–83 section 8103 of this titleIncreases authorized under amendment by not applicable to specified personnel, see , set out as a note under .