5 U.S.C. § 555. Ancillary matters
- (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.
The Law, Science & Public
Health Law Site
The Best on the WWW Since 1995!
Copyright as to non-public domain materials
See DR-KATE.COM for home hurricane and disaster preparation
See WWW.EPR-ART.COM for photography of southern Louisiana and Hurricane Katrina
Professor Edward P. Richards, III, JD, MPH - Webmaster