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 Administrative Procedure Act, 5 U.S.C. § 554 requires that 'persons entitled to notice of an agency hearing shall be timely informed of . . . the matters of fact and law asserted. . . . (t) he agency shall give all interested parties opportunity for . . . the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit . . . ' Without proper notice a decision of an Administrative Law Judge, as well as any agency oriders adopting that decision, cannot stand. See Montgomery Ward & Co. v. NLRB, 385 F.2d 760, 763 (8th Cir. 1967). See also Engineers and Fabricators, Inc. v. NLRB, 376 F.2d 482, 485 (5th Cir. 1967); NLRB v. Majestic Weaving Co., 355 F.2d 854, 861 (2d Cir. 1966). 


Agencies 'must provide notice sufficient to fairly apprise interested persons of the subjects and issues before the Agency.' NRDC v. EPA, 863 F.2d 1420, 1428-29 (9th Cir.1988) (applying notice and comment requirement to general NPDES permit). Of course, the final permit issued by the agency need not be identical to the draft permit. That ...

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