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5 U.S.C. § 558 — Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 558 — Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses

**(a)** This section applies, according to the provisions thereof, to the exercise of a power or authority. **(b)** A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law. **(c)** When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the interested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with sections 556 and 557 of this title or other proceedings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given— (1) notice by the agency in writing of the facts or conduct which may warrant the action; and (2) opportunity to demonstrate or achieve compliance with all lawful requirements. When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency.

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Stable record: federal_law:legal_authorities:record_usc_dadf9c4c19664e45a7ac33ae
Source file: Laws/federal/codes/united-states-code/title-5/section-558-imposition-of-sanctions-determination-of-applications-for-licenses-suspe--cbba966952.md
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Source location: Title 5, Chapter 5, § 558; chapter-005-administrative-procedure.md

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**(a)** This section applies, according to the provisions thereof, to the exercise of a power or authority. **(b)** A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law. **(c)** When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the interested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with sections 556 and 557 of this title or other proceedings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given— (1) notice by the agency in writing of the facts or conduct which may warrant the action; and (2) opportunity to demonstrate or achieve compliance with all lawful requirements. When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency.

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2209 — Additional statement of expenditures

The Secretary of Agriculture shall furnish proper vouchers and accounts for the sums appropriated for the Department of Agriculture to the Government Accountability Office.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1008 — Establishment and purpose of advisory committees

**(a) Establishment.—** An advisory committee shall not be established unless establishment is— (1) specifically authorized by statute or by the President; or (2) determined as a matter of formal record, by the head of the agency involved after consultation with the Administrator, with timely notice published in the Federal Register, to be in the public interest in connection with the performance of duties imposed on that agency by law. **(b) Purpose of Advisory Committees.—** Unless otherwise specifically provided by statute or Presidential directive, advisory committees shall be utilized solely for advisory functions. Determinations of action to be taken and policy to be expressed with respect to matters upon which an advisory committee reports or makes recommendations shall be made solely by the President or an officer of the Federal Government. **(c) Advisory Committee Charters.—** (1) **General requirement.—** — An advisory committee shall not meet or take any action until an advisory committee charter has been filed— (A) with the Administrator in the case of Presidential advisory committees; or (B) with— (i) the head of the agency to whom the advisory committee reports; and (ii) the standing committees of the Senate and House of Representatives having legislative jurisdiction over the agency to which the advisory committee reports. (2) **Contents of charter.—** — The advisory committee charter shall contain— (A) the committee’s official designation; (B) the committee’s objectives and the scope of its activity; (C) the period of time necessary for the committee to carry out its purposes; (D) the agency or official to whom the committee reports; (E) the agency responsible for providing the necessary support for the committee;

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 558 — Imposition of sanctions; determination of

Page 152 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 558 ployee presiding at the hearing may, to the ex- tent consistent with the interests of justice and the policy of the underlying statutes, re- quire the party to show cause why his claim or interest in the proceeding should not be dis- missed, denied, disregarded, or otherwise ad- versely affected on account of such violation; and (E) the prohibitions of this subsection shall apply beginning at such time as the agency may designate, but in no case shall they begin to apply later than the time at which a pro- ceeding is noticed for hearing unless the per- son responsible for the communication has knowledge that it will be noticed, in which case the prohibitions shall apply beginning at the time of his acquisition of such knowledge. (2) This subsection does not constitute author- ity to withhold information from Congress. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 387; Pub. L. 94–409, § 4(a), Sept. 13, 1976, 90 Stat. 1246.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1007. June 11, 1946, ch. 324, § 8, 60 Stat. 242. In subsection (b), the word ‘‘employee’’ is substituted for ‘‘officer’’ and ‘‘officers’’ in view of the definition of ‘‘employee’’ in section 2105. The word ‘‘either’’ is added after the word ‘‘requires’’ in the first sentence to elimi- nate the need for parentheses. The words ‘‘the presiding employee or an employee qualified to preside at hear- ings under section 556 of this title’’ are substituted for ‘‘such officers’’ in the last sentence. The word ‘‘initial’’ is omitted before ‘‘decision’’, the final word in the first sentence and the sixth word of the fourth sentence, to avoid confusion between the ‘‘

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