Lapas attēli
PDF
ePub

APPENDIX

1. ADMINISTRATIVE PROCEDURE AND

RELATED MATTERS

TABLE OF CONTENTS

Page

Administrative procedure

331

5 U.S.C., Chapter 5, Subchapter II.-Administrative Procedure Section 551. Definitions

331

331

Section 553. Rulemaking

332

Section 554.

Adjudications

333

Section 555. Ancillary matters

335

Section 556. Hearings; presiding employees; powers and duties; bur-
den of proof, evidence; record as basis of decision

Section 557. Initial decisions; conclusiveness; review by agency, sub-
missions by parties; contents of decisions; record

Section 558. Imposition of sanctions; determination of applications
for licenses; suspension, revocation, and expiration of licenses
Section 559. Effect on other laws; effect of subsequent statute

5 U.S.C., Chapter 7.-Judicial Review

[blocks in formation]

Administrative law judges (5 U.S.C. 3105, 3344, 5372, and 7521)
Section 3105. Appointment of administrative law judges
Section 3344. Details; administrative law judges
Section 5372. Administrative law judges

Administrative practice

341

342

342

342

342

Section 7521. Actions against administrative law judges

343

345

5 U.S.C., Chapter 5, Subchapter I.-General Provisions Section 500. Administrative practice; general provisions Section 503. Witness fees and allowances

345

345

346

[blocks in formation]

Section 552. Public_information; agency rules, opinions, orders,
records and proceedings

349

Section 552a. Records maintained on individuals

355

Section 552b. Open meetings

371

Selected provisions of title 28, United States Code, relating to judicial review. 377 28 U.S.C. 1254, 1331, 1391(e) and 2112

377

Section 1254. Courts of appeals; certiorari; certified questions

377

Section 1331. Federal question

377

Section 1391(e). Venue generally

377

Section 2112. Record on review and enforcement of agency orders

28 U.S.C., Chapter 158.-Orders of Federal Agencies; Review

Section 2341. Definitions ........

[blocks in formation]
[blocks in formation]

ADMINISTRATIVE PROCEDURES AND RELATED
MATTERS

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; subchapter II of chapter 471 of title 49; or sections 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 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, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or al

« iepriekšējāTurpināt »