Title 5Government Organization and EmployeesRelease 119-73

§579 Arbitration proceedings

Title 5 › Part PART I— - THE AGENCIES GENERALLY › Chapter CHAPTER 5— - ADMINISTRATIVE PROCEDURE › Subchapter SUBCHAPTER IV— - ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS › § 579

Last updated Apr 6, 2026|Official source

Summary

The arbitrator (the person who decides the dispute) must pick a time and place for the hearing and tell the parties at least 5 days beforehand. If a party wants a written record or transcript, that party must prepare it, tell the others and the arbitrator, give copies to everyone named, and pay the costs unless everyone agrees otherwise or the arbitrator decides how to split costs. Parties have the right to speak, present evidence, and question witnesses. With the parties’ agreement, the hearing can be by phone, video, or computer. The hearing should be quick and informal. The arbitrator can accept or refuse evidence that is irrelevant, repetitive, or protected, and must follow laws, court decisions, and agency policies when deciding. No one may privately give the arbitrator information about the case’s merits without permission. If that happens, the arbitrator must make a written note, add it to the record, and allow a response. The arbitrator may also require the offending party to explain why their claim should not be decided against them. The decision must be issued within 30 days after the hearing ends or after any allowed briefs are filed, whichever is later, unless the parties or the agency set a different time.

Full Legal Text

Title 5, §579

Government Organization and Employees — Source: USLM XML via OLRC

(a)The arbitrator shall set a time and place for the hearing on the dispute and shall notify the parties not less than 5 days before the hearing.
(b)Any party wishing a record of the hearing shall—
(1)be responsible for the preparation of such record;
(2)notify the other parties and the arbitrator of the preparation of such record;
(3)furnish copies to all identified parties and the arbitrator; and
(4)pay all costs for such record, unless the parties agree otherwise or the arbitrator determines that the costs should be apportioned.
(c)(1)The parties to the arbitration are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(2)The arbitrator may, with the consent of the parties, conduct all or part of the hearing by telephone, television, computer, or other electronic means, if each party has an opportunity to participate.
(3)The hearing shall be conducted expeditiously and in an informal manner.
(4)The arbitrator may receive any oral or documentary evidence, except that irrelevant, immaterial, unduly repetitious, or privileged evidence may be excluded by the arbitrator.
(5)The arbitrator shall interpret and apply relevant statutory and regulatory requirements, legal precedents, and policy directives.
(d)No interested person shall make or knowingly cause to be made to the arbitrator an unauthorized ex parte communication relevant to the merits of the proceeding, unless the parties agree otherwise. If a communication is made in violation of this subsection, the arbitrator shall ensure that a memorandum of the communication is prepared and made a part of the record, and that an opportunity for rebuttal is allowed. Upon receipt of a communication made in violation of this subsection, the arbitrator may, to the extent consistent with the interests of justice and the policies underlying this subchapter, require the offending party to show cause why the claim of such party should not be resolved against such party as a result of the improper conduct.
(e)The arbitrator shall make the award within 30 days after the close of the hearing, or the date of the filing of any briefs authorized by the arbitrator, whichever date is later, unless—
(1)the parties agree to some other time limit; or
(2)the agency provides by rule for some other time limit.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Pub. L. 102–354 renumbered section 589 of this title as this section.

Reference

Citations & Metadata

Citation

5 U.S.C. § 579

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73