5 U.S.C. § 555: Ancillary matters

Summary

Agencies must follow these rules unless another part of the same law says otherwise. If someone is required to appear in person before an agency, they can bring and be advised by a lawyer or, if the agency allows, another qualified representative. People may appear in person or with a representative to present or resolve issues, as long as the agency can keep business orderly. Agencies must try to finish matters brought to them within a reasonable time, considering the parties’ needs. The law does not create or deny a right for non-lawyers to represent others. Agencies may only demand reports, inspections, or investigations if the law allows it. If you are required to give data or evidence, you can keep or, by paying lawful costs, get a copy or transcript, except in a nonpublic investigatory hearing where you may be limited to inspecting the official transcript for good cause. Agency subpoenas (legal orders to appear or produce evidence) that the law allows must be issued on request and, when rules require, after showing the request is generally relevant and reasonably limited. If a subpoena is challenged, a court will uphold it if it follows the law and can order compliance within a reasonable time and punish refusal. If an agency denies a written request, it must give prompt notice and, unless the denial just repeats an earlier one or is obvious, include a short explanation.

Title 5, §555

Government Organization and Employees, Source: USLM XML via OLRC

(a)This section applies, according to the provisions thereof, except as otherwise provided by this subchapter.

(b)A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. A party is entitled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding. So far as the orderly conduct of public business permits, an interested person may appear before an agency or its responsible employees for the presentation, adjustment, or determination of an issue, request, or controversy in a proceeding, whether interlocutory, summary, or otherwise, or in connection with an agency function. With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it. This subsection does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agency or in an agency proceeding.

(c)Process, requirement of a report, inspection, or other investigative act or demand may not be issued, made, or enforced except as authorized by law. A person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony.

(d)Agency subpenas authorized by law shall be issued to a party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the evidence sought. On contest, the court shall sustain the subpena or similar process or demand to the extent that it is found to be in accordance with law. In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply.

(e)Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1005.June 11, 1946, ch. 324, § 6, 60 Stat. 240. In subsection (b), the words “is entitled” are substituted for “shall be accorded the right”. The word “officers” is omitted as included in “employees” in view of the definition of “employee” in section 2105. The words “With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time” are substituted for “with reasonable dispatch” and “except that due regard shall be had for the convenience and necessity of the parties or their representatives”. The prohibition in the last sentence is restated in positive form and the words “This subsection does not” are substituted for “Nothing herein shall be construed either to”. In subsection (c), the words “in any manner or for any purpose” are omitted as surplusage. In subsection (e), the word “brief” is substituted for “simple”. The words “of the grounds for denial” are substituted for “of procedural or other grounds” for clarity. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Codification section 555 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2247 of Title 7, Agriculture.

§555 Ancillary Matters

Summary

Title 5, §555

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Citations & Metadata