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 It has been settled since Morgan v. United States, 298 U.S. 468, 56 S. Ct. 906, 80 L. Ed. 1288 (1936), that in administrative adjudications, deciding officers need not actually hear the witnesses' testimony. Although the Court stated that 'the one who decides must actually hear,' it clarified its statement by indicating that it was permissible for a decision to be based solely on a considered review of the evidence and legal arguments. The Court held that 'evidence may be taken by an examiner. Evidence thus taken may be sifted and analyzed by competent subordinates…. (T)he officers who make the determination must consider and appraise the evidence which justifies them.' Morgan, 298 U.S. at 481-82, 56 S. Ct. at 911-12.


In National Labor Relations Board v. Stocker Mfg. Co., 185 F.2d 451 (3d Cir. 1950), the court, relying on Morgan and National Labor Relations Board v. Mackay Radio & Telegraph Co., 304 U.S. 333, 58 S. Ct. 904, 82 L. Ed. 1381 (1938) (in which the Court held that the NLRB could act solely upon transcribed records and oral arguments without the benefit of a report by the trial examiner who heard the testimony), held ...

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