§500 — Title 5 Government Organization and Employees | U.S. Code

Summary

Allows certain lawyers and some accountants to speak for people in front of federal agencies. A person who is a member in good standing of the bar of a State’s highest court may represent someone before an agency if they file a written statement with that agency saying they are currently qualified under this rule and are authorized to act for that person. A person who is a duly qualified certified public accountant in a State may do the same for the Internal Revenue Service of the Treasury Department by filing a similar written statement. Defines two terms: agency — as that word is used in section 551 of this title; State — any State, a U.S. territory or possession (including a Commonwealth), or the District of Columbia. The rule does not give rights to people who are not so qualified, does not change how agencies discipline representatives, does not allow former agency employees to act if another law or rule forbids it, and does not stop an agency from requiring a power of attorney to settle money claims. If a participant is represented by one of these qualified people, any required notice must also be given to the representative; if there are several, giving notice to one is enough.

Title 5, §500

Government Organization and Employees — Source: USLM XML via OLRC

(a)For the purpose of this section—

(1)“agency” has the meaning given it by section 551 of this title; and

(2)“State” means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia.

(b)An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.

(c)An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.

(d)This section does not—

(1)grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding;

(2)authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency;

(3)authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or

(4)prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money.

(e)Subsections (b)–(d) of this section do not apply to practice before the United States Patent and Trademark Office with respect to patent matters that continue to be covered by chapter 3 (section 31–33) of title 35.

(f)When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient.

Notes & Related Subsidiaries

Historical and Revision Notes

Section of title 5Source (U.S. Code)Source (Revised Statutes at Large) 500(a)5 App.: 1014.Nov. 8, 1965, Pub. L. 89–332, § 3, 79 Stat. 1281. 500(b)–(e)5 App.: 1012.Nov. 8, 1965, Pub. L. 89–332, § 1, 79 Stat. 1281. 500(f)5 App.: 1013.Nov. 8, 1965, Pub. L. 89–332, § 2, 79 Stat. 1281. The definition of “State” in subsection (a)(2) is supplied for convenience and is based on the words “State, possession, territory, Commonwealth, or District of Columbia” in subsections (a) and (b) of 5 App. U.S.C. 1012. In subsection (d), the words “This section does not” are substituted for “nothing herein shall be construed”. In subsection (d)(3), the word “employee” is substituted for “officer or employee” to conform to the definition of “employee” in 5 U.S.C. 2105.

Editorial Notes

Amendments

1999—Subsec. (e). Pub. L. 106–113 substituted “United States Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

§500 Administrative Practice; General Provisions