Appellants were not informed of the findings and recommendations of the examiner until the fraud order issued, which forms the basis of their contention that they were deprived of due process of law in that no opportunity was afforded them to file exceptions, supported by reasons, to the recommended decision of the examiner, as provided by the Administrative Procedure Act, Section 8(b), 5 U.S.C.A. § 1007(b). We disagree with this contention. In our opinion these provisions of the Act do not apply to mail fraud orders as Section 5, 5 U.S.C.A. § 1004, thereof confines the prescribed procedure to cases of adjudication “required by statute to be determined on the record after opportunity for an agency hearing.”
The fraud order statutes do not in terms require a hearing. Therefore, we think, they do not come within the scope of the procedural provisions of the Administrative Procedure Act. This conclusion is supported by the Act's legislative history. Senate Document 248, 79th Cong., 2nd Sess.(1945), pp. 21, 248, 315, 359; Senate Report No. 752, 79th Cong., 1st Sess.(1945); House Report No. 1980, 79th Cong., 2nd Sess. (1945). See also Attorney General's Manual on the Administrative Procedure Act (1947), p. 41.