Uslife Credit Corporation

Text (OCR of the scan at left; may contain errors)

In THE MATTER OF USLIFE CREDIT CORPORATION, ET AL.

Docket 9057. Interlocutory Order, Nov. 2, 1976 Rejection of ALJ’s certification of question whether testimony of certain witnesses should have been stricken on basis of complaint counsel’s inability to produce certain interview notes.

Appearances For the Commission: Michael E. K. Mpras and Robert L. Patterson. For the respondents: Bill Norton for Uslife, Schaumburg, Illinois; Tony Davey for Uslife, New York City; and Edward W. Keane, Bruce E. Clark, Sullivan & Cromwell, New York City. ORDER REJECTING CERTIFICATION The administrative law judge has certified to the Commission the question whether the testimony of certain witnesses should have been stricken on the basis of complaint counsel’s inability to comply with the ALJ’s order requiring the production of certain interview notes. The Commission has concluded, however, particularly in the absence of an application for review, that the certification of this issue is unnecessary and is accordingly rejected. The ALJ may proceed to render an initial decision in this matter and the parties are free to raise the question of exclusion of evidence on appeal*to the Commission. Since the Commission may consider the ruling on appeal and, if it concludes the ALJ improperly excluded the evidence, make other findings as are appropriate, the certification does not present the type of “controlling question of law or policy” which merits interlocutory consideration under Section 3.28(b) of the Rules of Practice.

It is so ordered.

Commissioner Dole did not participate by reason of absence. Complaint 88 F.T.C.