Discretion to determine procedure allows Commission to set case-specific process when regulations are silent, for reasons recorded in writing. Where the regulations are silent on a situation, the Commission may determine the procedure in that particular case, provided it records in writing the reasons for doing so; this creates a gap-filling administrative discretion to adopt case-specific procedural measures supported by a written reasoned record.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Discretion to determine procedure allows Commission to set case-specific process when regulations are silent, for reasons recorded in writing.
Where the regulations are silent on a situation, the Commission may determine the procedure in that particular case, provided it records in writing the reasons for doing so; this creates a gap-filling administrative discretion to adopt case-specific procedural measures supported by a written reasoned record.
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