5 U.S.C. § 555 — Ancillary matters

Page 149 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 556 In subsection (a)(4), the word ‘‘naval’’ is omitted as included in ‘‘military’’. In subsection (a)(5), the word ‘‘or’’ is substituted for ‘‘and’’ since the exception is applicable if any one of the factors are involved. In subsection (a)(6), the word ‘‘worker’’ is substituted for ‘‘employee’’, since the latter is defined in section 2105 as meaning Federal employees. In subsection (b), the word ‘‘When’’ is substituted for ‘‘In instances in which’’. In subsection (c)(2), the comma after the word ‘‘hear- ing’’ is omitted to correct an editorial error. In subsection (d), the words ‘‘The employee’’ and ‘‘such an employee’’ are substituted in the first two sentences for ‘‘The same officers’’ and ‘‘such officers’’ in view of the definition of ‘‘employee’’ in section 2105. The word ‘‘officer’’ is omitted in the third and fourth sentences as included in ‘‘employee’’ as defined in sec- tion 2105. The prohibition in the third and fourth sen- tences is restated in positive form. In paragraph (C) of the last sentence, the words ‘‘in any manner’’ are omit- ted as surplusage. 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 554 of former Title 5, Executive Departments and Government Officers and Employees, was trans- ferred to section 2246 of Title 7, Agriculture. AMENDMENTS 1978—Subsec. (a)(2). Pub. L. 95–251 substituted ‘‘ad- ministrative law judge’’ for ‘‘hearing examiner’’. § 555. Ancillary matters (a) This section applies, according to the pro- visions thereof, except as otherwise provided by this subchapter. (b) A person compelled to appear in person be- fore an agency or representative thereof is enti- tled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. A party is enti- tled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding. So far as the orderly conduct of pub- lic business permits, an interested person may appear before an agency or its responsible em- ployees for the presentation, adjustment, or de- termination of an issue, request, or controversy in a proceeding, whether interlocutory, sum- mary, or otherwise, or in connection with an agency function. With due regard for the con- venience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it. This subsection does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agen- cy or in an agency proceeding. (c) Process, requirement of a report, inspec- tion, or other investigative act or demand may not be issued, made, or enforced except as au- thorized by law. A person compelled to submit data or evidence is entitled to retain or, on pay- ment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a non- public investigatory proceeding the witness may for good cause be limited to inspection of the of- ficial transcript of his testimony. (d) Agency subpenas authorized by law shall be issued to a party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the evidence sought. On contest, the court shall sus- tain the subpena or similar process or demand to the extent that it is found to be in accordance with law. In a proceeding for enforcement, the court shall issue an order requiring the appear- ance of the witness or the production of the evi- dence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply. (e) Prompt notice shall be given of the denial in whole or in part of a written application, pe- tition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be ac- companied by a brief statement of the grounds for denial. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 385.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1005. June 11, 1946, ch. 324, § 6, 60 Stat. 240. In subsection (b), the words ‘‘is entitled’’ are sub- stituted for ‘‘shall be accorded the right’’. The word ‘‘officers’’ is omitted as included in ‘‘employees’’ in view of the definition of ‘‘employee’’ in section 2105. The words ‘‘With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time’’ are substituted for ‘‘with reasonable dispatch’’ and ‘‘except that due regard shall be had for the convenience and necessity of the parties or their representatives’’. The prohibition in the last sentence is restated in positive form and the words ‘‘This subsection does not’’ are substituted for ‘‘Noth- ing herein shall be construed either to’’. In subsection (c), the words ‘‘in any manner or for any purpose’’ are omitted as surplusage. In subsection (e), the word ‘‘brief’’ is substituted for ‘‘simple’’. The words ‘‘of the grounds for denial’’ are substituted for ‘‘of procedural or other grounds’’ for clarity. 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 555 of former Title 5, Executive Departments and Government Officers and Employees, was trans- ferred to section 2247 of Title 7, Agriculture. § 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision (a) This section applies, according to the pro- visions thereof, to hearings required by section 553 or 554 of this title to be conducted in accord- ance with this section. (b) There shall preside at the taking of evi- dence— (1) the agency; (2) one or more members of the body which comprises the agency; or (3) one or more administrative law judges appointed under section 3105 of this title. This subchapter does not supersede the conduct of specified classes of proceedings, in whole or in