16 LAWS GOVERNING MARINE INSPECTION 



supported by substantial evidence in any case subject to the require- 

 ments of sections 1006 and 1007 of this title or otherwise reviewed on 

 the record of an agency hearing provided by statute; or (6) unwar- 

 ranted by the facts to the extent that the facts are subject to trial 

 de novo by the reviewing court. In making the foregoing deter- 

 minations the court shall review the whole record or such portions 

 thereof as may be cited by any party, and due account shall be taken 

 of the rule of prejudicial error. 



Appointment of examiners 



5 U.S.C. 1010 



Subject to the civil-service and other laws to the extent not in- 

 consistent with this chapter, there shall be appointed by and for each 

 agency as many qualified and competent examiners as may be neces- 

 sary for proceedings pursuant to sections 1006 and 1007 of this title 

 who shall be assigned to cases in rotation so far as practicable and 

 shall perform no duties inconsistent with their duties and respon- 

 sibilities as examiners. Examiners shall be removable by the agency 

 in wliich they are emploved only for good cause established and de- 

 termined by the Civil Service Commission (hereinafter called the 

 Commission) after opportunity for hearing and upon the record 

 thereof. Examiners shall receive compensation prescribed by the 

 Commission independently of agency recommendations or ratings 

 and in accordance with the Classification Act of 1949, except that 

 the provisions of paragraphs (2) and (3) of subsection (b) of sec- 

 tion 667 of this title, and the provisions of section 669 of this title, 

 shall not be applicable. Agencies occasionally or temporarily in- 

 sufficiently staffed may utilize examiners selected by the Commission 

 from and with the consent of other agencies. For the purposes of 

 this section, the Commission is authorized to make investigations, 

 require reports by agencies, issue reports, including an annual report 

 to the Congress, promulgate rules, appoint such advisory committees 

 as may be deemed necessary, recommend legislation, subpena wit- 

 nesses or records, and pay witness fees as established for the United 

 States courts. 



Impairment of rights; effect on other laws 



5 U.S.C. 1011 



Nothing in this chapter shall be held to diminish the constitutional 

 rights of any person or to limit or repeal additional requirements 

 imposed by statute or otherwise recognized by law. Except as other- 

 wise required by law, all requirements or pri\dleges relating to evi- 

 dence or procedure shall apply equally to agencies and persons. If 

 any provision of this chapter or the application thereof is held 

 invalid, the remainder of this chapter or other applications of such 

 provision shall not be affected. Every agency is granted all author- 

 ity necessary to comply with the requirements of this chapter through 

 the issuance of rules or otherwise. No subsequent legislation shall 

 be held to supersede or modify the provisions of this chapter except 

 to the extent that such legislation shall do so expressly. 



