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5 U.S.C. § 572 — General authority
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An agency may use a dispute resolution proceeding for the resolution of an issue in controversy that relates to an administrative program, if the parties agree to such proceeding.
**(b)** An agency shall consider not using a dispute resolution proceeding if—
(1) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;
(2) the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency;
(3) maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;
(4) the matter significantly affects persons or organizations who are not parties to the proceeding;
(5) a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and
(6) the agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency’s fulfilling that requirement.
**(c)** Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques.
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Source file: Laws/federal/codes/united-states-code/title-5/section-572-general-authority--3c293eae23.md
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Source location: Title 5, Chapter 5, § 572; chapter-005-administrative-procedure.md
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**(a)** An agency may use a dispute resolution proceeding for the resolution of an issue in controversy that relates to an administrative program, if the parties agree to such proceeding.
**(b)** An agency shall consider not using a dispute resolution proceeding if—
(1) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;
(2) the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency;
(3) maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;
(4) the matter significantly affects persons or organizations who are not parties to the proceeding;
(5) a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and
(6) the agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency’s fulfilling that requirement.
**(c)** Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques.
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Federal law — U.S. Code and appendices · legal_authorities
Not to exceed 7 per centum of the amounts appropriated for any fiscal year for the miscellaneous expenses of the work of any bureau, division, or office of the Department of Agriculture shall be available interchangeably for expenditures on the objects included within the general expenses of such bureau, division, or office, but no more than 7 per centum shall be added to any one item of appropriation except in cases of extraordinary emergency.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2257
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2744, § 592; renumbered § 582, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944, related to compilation of data on use of alternative means of dispute resolution in conducting agency proceedings.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 582
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter, except that it does not include a military or foreign affairs function of the United States;
(2) “administrative agency” means an authority as defined by [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); and
(3) “administrative procedure” means procedure used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management which may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but does not include the scope of agency responsibility as established by law or matters of substantive policy committed by law to agency discretion.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 592
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration—
(1) where the award was procured by corruption, fraud, or undue means;
(2) where there was evident partiality or corruption in the arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
(4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
**(b)** If an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
**(c)** The United States district court for the district wherein an award was made that was issued pursuant to [section 580 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section580&num=0&edition=prelim) may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in [section 572 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section572&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 160
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 572
‘‘(c) DISQUALIFICATION OF REPRESENTATION OR ASSIST-
ANCE.—Any agency that adopts regulations under sub-
chapter IV of chapter 5 of title 5, United States Code,
to permit representation or assistance by persons who
are not attorneys shall review the rules of practice be-
fore such agency to—
‘‘(1) ensure that any rules pertaining to disquali-
fication of attorneys from practicing before the agen-
cy shall also apply, as appropriate, to other persons
who provide representation or assistance; and
‘‘(2) establish effective agency procedures for en-
forcing such rules of practice and for receiving com-
plaints from affected persons.’’
DEFINITIONS
Pub. L. 101–552, § 10, Nov. 15, 1990, 104 Stat. 2747, as
amended by Pub. L. 102–354, § 5(b)(6), Aug. 26, 1992, 106
Stat. 946, provided that: ‘‘As used in this Act [see Short
Title note above], the terms ‘agency’, ‘administrative
program’, and ‘alternative means of dispute resolution’
have the meanings given such terms in section 571 of
title 5, United States Code (enacted as section 581 of
title 5, United States Code, by section 4(b) of this Act,
and redesignated as section 571 of such title by section
3(b) of the Administrative Procedure Technical Amend-
ments Act of 1991 [Pub. L. 102–354]).’’
§ 572. General authority
(a) An agency may use a dispute resolution
proceeding for the resolution of an issue in con-
troversy that relates to an administrative pro-
gram, if the parties agree to such proceeding.
(b) An agency shall consider not using a dis-
pute resolution proceeding if—
(1) a definitive or authoritative resolution of
the matter is required for precedential value,
and such a proceeding is not likely to be ac-
cepted generally as an authoritative
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 572
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