14 LAWS GOVERNING MARINE INSPECTION 



without further proceedings then become the decision of the agency. 

 On appeal from or review of the initial decisions of such officers the 

 agency shall, except as it may limit the issues upon notice or by rule, 

 have all the powers which it would have in making the initial deci- 

 sion. Whenever the agency makes the initial decision without having 

 presided at the reception of the evidence, such officers shall first 

 recommend a decision except that in rule making or determining ap- 

 plications for initial licenses (1) in lieu thereof the agency may issue 

 a tentative decision or any of its responsible officers may recommend 

 a decision or (2) any such procedure may be omitted in any case in 

 which the agency finds upon the record that due and timely execution 

 of its functions imperatively and unavoidably so requires. 



(b) Prior to each recommended, initial, or tentative decision, or 

 decision upon agency review of the decision of subordinate officers 

 the parties shall be afforded a reasonable opportunity to submit for 

 the consideration of the officers participating in such decisions (1) 

 proposed findings and conclusions, or (2) exceptions to the decisions 

 or recommended decisions of subordinate officers or to tentative 

 agency decisions, and (3) supporting reasons for such exceptions 

 or proposed findings or conclusions. The record shall show the 

 ruling upon each such finding, conclusion, or exception presented. 

 All decisions (including initial, recommended, or tentative deci- 

 sions) shall become a part of the record and include a statement of 

 (1) findings and conclusions, as well as the reasons or basis therefor, 

 upon all the material issues of fact, law, or discretion presented on 

 the record; and (2) the appropriate rule, order, sanction, relief, 

 or denial thereof. 



Imposition of sanctions 



5 U.S.C. 1008 



In the exercise of any power or authority — 



(a) No sanction shall be imposed or substantive rule or order be 

 issued except within jurisdiction delegated to the agency and as 

 authorized by law. 



(b) In any case in which application is made for a license re- 

 required by law the agency, with due regard to the rights or privileges 

 of all the interested parties or adversely affected persons and with 

 reasonable dispatch, shall set and complete any proceedings required 

 to be conducted pursuant to sections 1006 and 1007 of this title or 

 other proceedings required by law and shall make its decision. Ex- 

 cept in cases of willfulness or those in which public health, interest, or 

 safety requires otherwise, no withdrawal, suspension, revocation, or 

 annulment of any license shall be lawful unless, prior to the institu- 

 tion of agency proceedings therefor, facts or conduct which may 

 warrant such action shall have been called to the attention of the 

 licensee by the agency in writing and the licensee shall have been 

 accorded opportunity to demonstrate or achieve compliance with all 

 lawful requirements. In any case in which the licensee has, in ac- 

 cordance with agency rules, made timely and sufficient application 

 for a renewal or a new license, no license with reference to any 

 activity of a continuing nature shall expire until such application 

 shall have been finally determined by the agency. 



