5 U.S.C. § 558: Imposition of sanctions…

Summary

Agencies must act only within the authority given to them by law and must follow the procedures required by law. When someone applies for a required license, the agency must, with respect for everyone’s rights and within a reasonable time, hold and finish any hearings the law (including sections 556 and 557) requires and then decide the application. A license can only be withdrawn, suspended, revoked, or annulled after the agency gives the licensee written notice of the facts or conduct and a chance to fix the problem, except in cases of willfulness or where public health, interest, or safety demand immediate action. If a licensee files a timely renewal or new application under the agency’s rules, a continuing license stays in effect until the agency makes a final decision.

Title 5, §558

Government Organization and Employees, Source: USLM XML via OLRC

(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 section 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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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.

Editorial Notes

Codification section 558 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2209 of Title 7, Agriculture.

§558 Imposition of Sanctions; Determination of Applications for Licenses; Suspension, Revocation, and Expiration of Licenses

Summary

Title 5, §558

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Citations & Metadata