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25 Wash. U. L. Q. 352 (1939-1940)
Administrative Procedure--A Suggested Classification of Procedures of Regulatory Agencies in the United States Department of Agriculture

handle is hein.journals/walq25 and id is 360 raw text is: 352 WASHINGTON UNIVERSITY LAW QUARTERLY [Vol. 25 Saturday Morning, February 17 ADMINISTRATIVE PROCEDURE-A SUGGESTED CLASSIFICATION OF PROCEDURES OF REGULATORY AGENCIES IN THE UNITED STATES DEPARTMENT OF AGRICULTURE ASHLEY SELLERSt The title requires both definition and delimitation. The terms procedure, regulatory, and agencies do not go unchal- lenged, especially in these days of symposia and institutes on administrative law. For present purposes, the term procedure will be given a restricted meaning and will be used, in a manner especially familiar to lawyers, to describe the methods and practices relat- ing to administrative hearings. Someone has called this the full- dress level of administrative procedure. This description, if applicable to the procedure of any administrative agency, is hardly descriptive of that of a bureau of the Department of Agriculture. Tuxedo and black tie, perhaps, but definitely not tails and topper. As to the meaning to be given herein to the term regulatory: the distinction between the regulatory and non-regulatory work of the Department is, for the most part, easily apparent. Issu- ance of crop and weather reports, seed distribution, and soil research are clearly not regulatory functions. Conversely, pre- scription of stockyard rates and fixing limitations upon specula- tive transactions on commodity exchanges are examples of pure regulation. Some of the activities of the Department, however, may not be so easily classified. For example, where the Depart- ment, as under the Sugar Act of 1937,1 makes payments to pro- ducers on condition that no child labor has been used or that fair wages have been paid in the process of production, there t A.B., Princeton University, 1924; LL.B., University of Texas, 1928; S.J.D., Harvard University, 1933. Professor of Law, University of Georgia (on leave of absence). Head Attorney, Office of the Solicitor, United States Department of Agriculture. 1. 50 Stat. 903, (1939) 7 U. S. C. A. sec. 1100.

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