US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 5USC554]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
                 SUBCHAPTER II--ADMINISTRATIVE PROCEDURE
 
Sec. 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 a \1\ 
    administrative law judge appointed under section 3105 of this title;
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    \1\ So in original.
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        (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.

    (b) Persons entitled to notice of an agency hearing shall be timely 
informed of--
        (1) the time, place, and nature of the hearing;
        (2) the legal authority and jurisdiction under which the hearing 
    is to be held; and
        (3) the matters of fact and law asserted.

When private persons are the moving parties, other parties to the 
proceeding shall give prompt notice of issues controverted in fact or 
law; and in other instances agencies may by rule require responsive 
pleading. In fixing the time and place for hearings, due regard shall be 
had for the convenience and necessity of the parties or their 
representatives.
    (c) The agency shall give all interested parties opportunity for--
        (1) the submission and consideration of facts, arguments, offers 
    of settlement, or proposals of adjustment when time, the nature of 
    the proceeding, and the public interest permit; and
        (2) to the extent that the parties are unable so to determine a 
    controversy by consent, hearing and decision on notice and in 
    accordance with sections 556 and 557 of this title.

    (d) The employee who presides at the reception of evidence pursuant 
to section 556 of this title shall make the recommended decision or 
initial decision required by section 557 of this title, unless he 
becomes unavailable to the agency. Except to the extent required for the 
disposition of ex parte matters as authorized by law, such an employee 
may not--
        (1) consult a person or party on a fact in issue, unless on 
    notice and opportunity for all parties to participate; or
        (2) be responsible to or subject to the supervision or direction 
    of an employee or agent engaged in the performance of investigative 
    or prosecuting functions for an agency.

An employee or agent engaged in the performance of investigative or 
prosecuting functions for an agency in a case may not, in that or a 
factually related case, participate or advise in the decision, 
recommended decision, or agency review pursuant to section 557 of this 
title, except as witness or counsel in public proceedings. This 
subsection does not apply--
        (A) in determining applications for initial licenses;
        (B) to proceedings involving the validity or application of 
    rates, facilities, or practices of public utilities or carriers; or
        (C) to the agency or a member or members of the body comprising 
    the agency.

    (e) The agency, with like effect as in the case of other orders, and 
in its sound discretion, may issue a declaratory order to terminate a 
controversy or remove uncertainty.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 384; Pub. L. 95-251, 
Sec. 2(a)(1), Mar. 27, 1978, 92 Stat. 183.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1004.                June 11, 1946, ch.
                                                    324, Sec.  5, 60
                                                    Stat. 239.
------------------------------------------------------------------------

    In subsection (a)(2), the word ``employee'' is substituted for 
``officer or employee of the United States'' in view of the definition 
of ``employee'' in section 2105.
    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 ``hearing'' 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 
section 2105. The prohibition in the third and fourth sentences is 
restated in positive form. In paragraph (C) of the last sentence, the 
words ``in any manner'' are omitted as surplusage.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                          Codification

    Section 554 of former Title 5, Executive Departments and Government 
Officers and Employees, was transferred to section 2246 of Title 7, 
Agriculture.


                               Amendments

    1978--Subsec. (a)(2). Pub. L. 95-251 substituted ``administrative 
law judge'' for ``hearing examiner''.

                  Section Referred to in Other Sections

    This section is referred to in sections 504, 552b, 556, 557, 8124 of 
this title; title 2 sections 501, 502, 1405, 1602; title 7 sections 86, 
87e, 87f-1, 1359ii, 3804, 3805; title 8 sections 1324a, 1324c, 1375; 
title 12 sections 1817, 1818, 2268, 3413; title 15 sections 78d-1, 1274, 
2064, 2066, 2605, 2615, 3412, 6765; title 16 sections 429b-1, 470ff, 
773f, 796, 823b, 839f, 973f, 1174, 1437, 1536, 1540, 1852, 1856, 1858, 
2407, 2437, 2602, 3142, 3373, 3636, 5010, 5507; title 18 section 3625; 
title 19 section 1308; title 20 sections 1234, 6083, 7183; title 21 
sections 321, 333, 342, 346a, 360e, 844a, 1041; title 22 section 6761; 
title 29 sections 214, 216, 659, 1813, 1853; title 30 sections 185, 804, 
811, 815, 817, 818, 821, 938, 1264, 1268, 1275, 1293, 1426, 1462; title 
33 sections 919, 1319, 1321, 1367, 1504; title 38 section 7101A; title 
41 section 422; title 42 sections 262, 300g-3, 300h-2, 300gg-22, 2000e-
16c, 2000e-17, 2282a, 3783, 3789d, 4910, 6303, 6971, 7407, 7413, 7419, 
7502, 7511a, 7524, 7607, 7920, 8433, 9112, 9152, 9609, 9610; title 43 
sections 1656, 1766; title 45 section 905; title 46 sections 7702, 9303; 
title 46 App. section 1187e; title 47 sections 409, 503; title 49 
sections 521, 13902, 20104; title 50 App. sections 16, 2159, 2410, 2412.