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5 U.S.C. § 500 — Administrative practice; general provisions

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

5 U.S.C. § 500 — Administrative practice; general provisions

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim); and (2) “State” means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. **(b)** An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. **(c)** An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. **(d)** This section does not— (1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; (2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; (3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. **(e)** Subsections (b)–(d) of this section do not apply to practice

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Source file: Laws/federal/codes/united-states-code/title-5/section-500-administrative-practice-general-provisions--9119c4c25f.md
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Source location: Title 5, Chapter 5, § 500; chapter-005-administrative-procedure.md

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

5 U.S.C. § 2105 — Employee

**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is— (1) appointed in the civil service by one of the following acting in an official capacity— (A) the President; (B) a Member or Members of Congress, or the Congress; (C) a member of a uniformed service; (D) an individual who is an employee under this section; (E) the head of a Government controlled corporation; or (F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim); (2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position. **(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee. **(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp

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

5 U.S.C. § 551 — Definitions

For the purpose of this subchapter— (1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— (A) the Congress; (B) the courts of the United States; (C) the governments of the territories or possessions of the United States; (D) the government of the District of Columbia; or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)— (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; (F) courts martial and military commissions; (G) military authority exercised in the field in time of war or in occupied territory; or (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below. (2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency; (3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; (4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa

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

35 U.S.C. § 1 — Establishment

**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office. **(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business. **(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.

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

31 U.S.C. § 330 — Practice before the Department

**(a)** Subject to [section 500 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section500&num=0&edition=prelim), the Secretary of the Treasury may— (1) regulate the practice of representatives of persons before the Department of the Treasury; and (2) before admitting a representative to practice, require that the representative demonstrate— (A) good character; (B) good reputation; (C) necessary qualifications to enable the representative to provide to persons valuable service; and (D) competency to advise and assist persons in presenting their cases. **(b)** Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of “enrolled agent”, “EA”, or “E.A.”. **(c)** After notice and opportunity for a proceeding, the Secretary may suspend or disbar from practice before the Department, or censure, a representative who— (1) is incompetent; (2) is disreputable; (3) violates regulations prescribed under this section; or (4) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. The Secretary may impose a monetary penalty on any representative described in the preceding sentence. If the representative was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension, disbarmen

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 330

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

38 U.S.C. § 5901 — Prohibition against acting as claims agent or attorney

**(a) In General.—** Except as provided by [section 500 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section500&num=0&edition=prelim), no individual may act as an agent or attorney in the preparation, presentation, or prosecution of any claim under laws administered by the Secretary unless such individual has been recognized for such purposes by the Secretary. **(b) Warnings About Potential Predatory Practices.—** (1) The Secretary shall ensure that, each time a claimant under a law administered by the Secretary logs in to a website or online tool of the Department, such website or online tool issues to the claimant, in plain language— (A) a warning about individuals who seek to act in violation of this chapter; (B) a link to an online tool of the Department through which the claimant may report such an individual; (C) a link to an online tool of the Department through which the claimant may search for a recognized agent, attorney, or other entity recognized by the Secretary for the preparation, presentation, or prosecution of any claim under laws administered by the Secretary; and (D) a link to a website or an online tool of the Department providing final decisions on discipline of agents, attorneys, and entities, described in subparagraph (C), by the Secretary for violations of this chapter. (2) The Secretary shall provide all information under paragraph (1) in the following languages: (A) English. (B) Spanish. (C) Tagalog. (D) The seven other languages most commonly spoken in the United States.

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

49 U.S.C. § 1303 — Administrative provisions

**(a) Open Meetings.—** (1) **In general.—** — The Board shall be deemed to be an agency for purposes of [section 552b of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b&num=0&edition=prelim). (2) **Nonpublic collaborative discussions.—** (A) *In general.—* — Notwithstanding [section 552b of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b&num=0&edition=prelim), a majority of the members may hold a meeting that is not open to public observation to discuss official agency business if— (i) no formal or informal vote or other official agency action is taken at the meeting; (ii) each individual present at the meeting is a member or an employee of the Board; and (iii) the General Counsel of the Board is present at the meeting. (B) *Disclosure of nonpublic collaborative discussions.—* — Except as provided under subparagraph (C), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily accessible to the public— (i) a list of the individuals present at the meeting; and (ii) a summary of the matters discussed at the meeting, except for any matters the Board properly determines may be withheld from the public under [section 552b(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552b/c&num=0&edition=prelim). (C) *Summary.—* — If the Board properly determines matters may be withheld from the public under [section 555b(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section555b/c&num=0&edition=prelim), the Board shall provide a summary with as much general information as possible on those matters wit

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1303

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

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

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

5 U.S.C. § 500 — Administrative practice; general provisions

Page 100 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 500 1 So in original. Does not conform to section catchline. Sec. 552. Public information; agency rules, opinions, orders, records, and proceedings. 552a. Records about individuals.1 552b. Open meetings. 553. Rule making. 554. Adjudications. 555. Ancillary matters. 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision. 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record. 558. Imposition of sanctions; determination of ap- plications for licenses; suspension, revoca- tion, and expiration of licenses. 559. Effect on other laws; effect of subsequent statute. SUBCHAPTER III—NEGOTIATED RULEMAKING PROCEDURE 561. Purpose. 562. Definitions. 563. Determination of need for negotiated rule- making committee. 564. Publication of notice; applications for mem- bership on committees. 565. Establishment of committee. 566. Conduct of committee activity. 567. Termination of committee. 568. Services, facilities, and payment of com- mittee member expenses. 569. Encouraging negotiated rulemaking. 570. Judicial review. 570a. Authorization of appropriations. SUBCHAPTER IV—ALTERNATIVE MEANS OF DIS- PUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS 571. Definitions. 572. General authority. 573. Neutrals. 574. Confidentiality. 575. Authorization of arbitration. 576. Enforcement of arbitration agreements. 577. Arbitrators. 578. Authority of the arbitrator. 579. Arbitration proceedings. 580. Arbitration awards. 581. Judicial review. [582. Repealed.] 583. Support services. 584. Authorization of appropriations. SUBCHAPTER V—ADMINISTRATIVE CONFERENCE OF TH

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 500

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