1. ADMINISTRATIVE PROCEDURE AND RELATED MATTERS Administrative procedure... 5 U.S.C., chapter 5, subchapter II.-Administrative procedure Section 554. Adjudications. Section 555. Ancillary matters. Section 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision TABLE OF CONTENTS missions by parties; contents of decisions; record Section 701. Application; definitions.............. Section 703. Form and venue of proceeding Section 704. Actions reviewable.. Section 705. Relief pending review. Administrative law judges (5 U.S.C. 3105, 3344, 5362, and 7521)... Section 7521. Actions against administrative law judges. 5 U.S.C. chapter 5, subchapter I.—General provisions 5 U.S.C. 301 and 302.. Section 301. Departmental regulations. Information and privacy. Section 552. Public information; agency rules, opinions, orders, Section 552a. Records maintained on individuals. Section 552b. Open meetings. Selected provisions of title 28, United States Code, relating to judicial review .. 28 U.S.C. 1254, 1331, 1391(e) and 2112... Section 1254. Courts of appeals; certiorari; appeal; certified questions. Section 2112. Record on review and enforcement of agency orders 28 U.S.C., chapter 158.-Orders of Federal agencies; review.. Section 2341. Definitions Section 2342. Jurisdiction of court of appeals. Section 2343. Venue Section 2344. Review of orders; time; notice; contents of petition; Page 281 281 281 282 283 284 285 286 288 289 289 289 290 290 290 291 291 291 291 292 292 292 293 293 293 294 295 295 295 295 296 296 301 310 317 317 317 317 317 318 319 319 320 320 320 Section 2345. Prehearing conference. Section 2346. Certification of record on review Section 2350. Review in Supreme Court on certiorari or certification... .............. 321 321 321 322 323 323 323 323 ADMINISTRATIVE PROCEDURES AND RELATED MATTERS Title 5, United States Code Chapter 5.-ADMINISTRATIVE PROCEDURE SUBCHAPTER II.-ADMINISTRATIVE PROCEDURE § 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(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; chapter 2 of title 41; or sections 1622, 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix; (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 gned 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, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting or practices bearing on any of the foregoing; (5) "rule making" means agency process for formulating, amending, or repealing a rule; (6) "order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing; (7) "adjudication" means agency process for the formulation of an order: (8) "license" includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission; (9) "licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; (10) "sanction" includes the whole or a part of an agency(A) prohibition, requirement, limitation, or other condition affecting the freedom of a person; (B) withholding of relief; (C) imposition of penalty or fine; (D) destruction, taking, seizure, or withholding of proper ty; (E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (F) requirement, revocation, or suspension of a license; or (G) taking other compulsory or restrictive action; (A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (B) recognition of a claim, right, immunity, privilege, exemption, or exception; or (C) taking of other action on the application or petition of, and beneficial to, a person; (12) "agency proceeding" means an agency process as defined by paragraphs (5), (7), and (9) of this section; (13) "agency action" includes the whole or part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act; and (14) "ex parte communication" means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this subchapter. §§ 552, 552a, 552b, see page A16. § 553. Rule making (a) This section applies, according to the provisions thereof, except to the extent that there is involved (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. (b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms of substance of the proposed rule or a description of the subject and issues involved. Except when notice or hearing is required by statute, this subsection does not apply (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. (c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection. (d) The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except (1) a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) interpretative rules and statments of policy; or (3) as otherwise provided by the agency for good cause found and published with the rule. (e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule. § 554. Adjudications (a) This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except an administrative law judge appointed under section 3105 of this title; (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. |
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