5 U.S.C. § 559 — Effect on other laws; effect of subsequent

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 ‘‘initial decision’’ of the presiding employee and the ‘‘initial decision’’ of the agency. In subsection (c), the word ‘‘employees’’ is sub- stituted for ‘‘officers’’ in view of the definition of ‘‘em- ployee’’ in section 2105. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes CODIFICATION Section 557 of former Title 5, Executive Departments and Government Officers and Employees, was trans- ferred to section 2207 of Title 7, Agriculture. Section 557a of former Title 5, Executive Depart- ments and Government Officers and Employees, was transferred to section 2208 of Title 7. AMENDMENTS 1976—Subsec. (d). Pub. L. 94–409 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–409 effective 180 days after Sept. 13, 1976, see section 6 of Pub. L. 94–409, set out as an Effective Date note under section 552b of this title. § 558. Imposition of sanctions; determination of applications for licenses; suspension, revoca- tion, and expiration of licenses (a) This section applies, according to the pro- visions thereof, to the exercise of a power or au- thority. (b) A sanction may not be imposed or a sub- stantive rule or order issued except within juris- diction delegated to the agency and as author- ized by law. (c) When application is made for a license re- quired 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 pro- ceedings 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 re- quires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency pro- ceedings therefor, the licensee has been given— (1) notice by the agency in writing of the facts or conduct which may warrant the ac- tion; and (2) opportunity to demonstrate or achieve compliance with all lawful requirements. When the licensee has made timely and suffi- cient 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 fi- nally determined by the agency. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1008. June 11, 1946, ch. 324, § 9, 60 Stat. 242. In subsection (b), the prohibition is restated in posi- tive form. In subsection (c), the words ‘‘within a reasonable time’’ are substituted for ‘‘with reasonable dispatch’’. The last two sentences are restated for conciseness and clarity and to restate the prohibition in positive form. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes CODIFICATION Section 558 of former Title 5, Executive Departments and Government Officers and Employees, was trans- ferred to section 2209 of Title 7, Agriculture. § 559. Effect on other laws; effect of subsequent statute This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5372, and 7521 of this title, and the provisions of section 5335(a)(B) of this title that relate to administrative law judges, do not limit or repeal additional requirements im- posed by statute or otherwise recognized by law. Except as otherwise required by law, require- ments or privileges relating to evidence or pro- cedure apply equally to agencies and persons. Each agency is granted the authority necessary to comply with the requirements of this sub- chapter through the issuance of rules or other- wise. Subsequent statute may not be held to su- persede or modify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301(2)(E), 5372, or 7521 of Page 153 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 561 this title, or the provisions of section 5335(a)(B) of this title that relate to administrative law judges, except to the extent that it does so ex- pressly. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388; Pub. L. 90–623, § 1(1), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95–251, § 2(a)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title VIII, § 801(a)(3)(B)(iii), Oct. 13, 1978, 92 Stat. 1221.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1011. June 11, 1946, ch. 324, § 12, 60 Stat. 244. In the first and last sentences, the words ‘‘This sub- chapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5362, and 7521, and the provisions of section 5335(a)(B) of this title that relate to hearing exam- iners’’ are substituted for ‘‘this Act’’ to reflect the codification of the Act in this title. The words ‘‘to di- minish the constitutional rights of any person or’’ are omitted as surplusage as there is nothing in the Act that can reasonably be construed to diminish those rights and because a statute may not operate in dero- gation of the Constitution. The third sentence of former section 1011 is omitted as covered by technical section 7. The sixth sentence of former section 1011 is omitted as executed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1978—Pub. L. 95–454 substituted ‘‘5372’’ for ‘‘5362’’ wherever appearing. Pub. L. 95–251 substituted ‘‘administrative law judges’’ for ‘‘hearing examiners’’ wherever appearing. 1968—Pub. L. 90–623 inserted ‘‘of this title’’ after ‘‘7521’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after the 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under sec- tion 5361 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title. SUBCHAPTER III—NEGOTIATED RULEMAKING PROCEDURE Editorial Notes PRIOR PROVISIONS A prior subchapter III (§ 571 et seq.) was redesignated subchapter V (§ 591 et seq.) of this chapter. AMENDMENTS 1992—Pub. L. 102–354, § 3(a)(1), Aug. 26, 1992, 106 Stat. 944, redesignated subchapter IV of this chapter relating to negotiated rulemaking procedure as this subchapter. § 561. Purpose The purpose of this subchapter is to establish a framework for the conduct of negotiated rule- making, consistent with section 553 of this title, to encourage agencies to use the process when it enhances the informal rulemaking process. Nothing in this subchapter should be construed as an attempt to limit innovation and experi- mentation with the negotiated rulemaking proc- ess or with other innovative rulemaking proce- dures otherwise authorized by law. (Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4970, § 581; renumbered § 561, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–354 renumbered section 581 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Pub. L. 101–648, § 5, Nov. 29, 1990, 104 Stat. 4976, as amended by Pub. L. 102–354, § 5(a)(2), Aug. 26, 1992, 106 Stat. 945, which provided that subchapter III of chapter 5 of title 5 and the table of sections corresponding to such subchapter, were repealed, effective 6 years after Nov. 29, 1990, except for then pending proceedings, was repealed by Pub. L. 104–320, § 11(a), Oct. 19, 1996, 110 Stat. 3873. SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–354, § 1, Aug. 26, 1992, 106 Stat. 944, pro- vided that: ‘‘This Act [amending sections 565, 568, 569, 571, 577, 580, 581, and 593 of this title, section 10 of Title 9, Arbitration, and section 173 of Title 29, Labor, re- numbering sections 571 to 576, 581 to 590, and 581 to 593 as 591 to 596, 561 to 570, and 571 to 583, respectively, of this title, and amending provisions set out as notes under this section and section 571 of this title] may be cited as the ‘Administrative Procedure Technical Amendments Act of 1991’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–648, § 1, Nov. 29, 1990, 104 Stat. 4969, pro- vided that: ‘‘This Act [enacting this subchapter] may be cited as the ‘Negotiated Rulemaking Act of 1990’.’’ CONGRESSIONAL FINDINGS Pub. L. 101–648, § 2, Nov. 29, 1990, 104 Stat. 4969, as amended by Pub. L. 117–286, § 4(a)(4), Dec. 27, 2022, 136 Stat. 4305, provided that: ‘‘The Congress makes the fol- lowing findings: ‘‘(1) Government regulation has increased substan- tially since the enactment of the Administrative Pro- cedure Act [see Short Title note set out preceding section 551 of this title]. ‘‘(2) Agencies currently use rulemaking procedures that may discourage the affected parties from meet- ing and communicating with each other, and may cause parties with different interests to assume con- flicting and antagonistic positions and to engage in expensive and time-consuming litigation over agency rules. ‘‘(3) Adversarial rulemaking deprives the affected parties and the public of the benefits of face-to-face negotiations and cooperation in developing and reaching agreement on a rule. It also deprives them of the benefits of shared information, knowledge, ex- pertise, and technical abilities possessed by the af- fected parties. ‘‘(4) Negotiated rulemaking, in which the parties who will be significantly affected by a rule partici- pate in the development of the rule, can provide sig- nificant advantages over adversarial rulemaking. ‘‘(5) Negotiated rulemaking can increase the ac- ceptability and improve the substance of rules, mak-