2012 US Code
Title 5 - Government Organization and Employees
Part I - THE AGENCIES GENERALLY (§§ 101 - 913)
Chapter 5 - ADMINISTRATIVE PROCEDURE (§§ 500 - 596)
Subchapter II - ADMINISTRATIVE PROCEDURE (§§ 551 - 559)
Section 558 - Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses
| Publication Title | United States Code, 2012 Edition, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART I - THE AGENCIES GENERALLY CHAPTER 5 - ADMINISTRATIVE PROCEDURE SUBCHAPTER II - ADMINISTRATIVE PROCEDURE Sec. 558 - Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses |
| Contains | section 558 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 388. |
| Statutes at Large References | 60 Stat. 242 80 Stat. 388 |
| Public Law Reference | Public Law 89-554 |
Download PDF
(a) This section applies, according to the provisions thereof, to the exercise of a power or authority.
(b) A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law.
(c) When application is made for a license required 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 proceedings 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 requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given—
(1) notice by the agency in writing of the facts or conduct which may warrant the action; and
(2) opportunity to demonstrate or achieve compliance with all lawful requirements.
When the licensee has made timely and sufficient 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 finally determined by the agency.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388.)
| 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 positive 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 definitions applicable and the style of this title as outlined in the preface to the report.
CodificationSection 558 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2209 of Title 7, Agriculture.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.
