5 USC § 8124 - Findings and award; hearings | Title 5 - Government Organization and Employees | U.S. Code

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Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(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) 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.

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(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) 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.

Source

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 545; Pub. L. 90–83, § 1(58),Sept. 11, 1967, 81 Stat. 210.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
	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.

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.

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.

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.

Personnel Not Affected by 1967 Increase

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

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Friday, May 3, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt" means note.
"nt [tbl]" means note [table].
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"to" means a transfer to another section.
"omitted" means the section is omitted.
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"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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5 USC	Description of Change	Session Year	Public Law	Statutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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20 CFR - Title 20—Employees' Benefits

20 CFR Part 501 - RULES OF PROCEDURE

5 USC § 8124 - Findings and award; hearings

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