5 U.S.C. § 557. Initial decisions; conclusiveness; review by agency; submissions 
  by parties; contents of decisions; record
(a) This section applies, according to the provisions thereof, when a hearing 
   is required to be conducted in accordance with section 556 
of this title.
(b) When the agency did not preside at the reception of the evidence, the 
   presiding employee or, in cases not subject to section 554 
    (d) of this title, an employee qualified to preside at hearings pursuant 
    to section 556 of this title, shall initially decide 
    the case unless the agency requires, either in specific cases or by general 
    rule, the entire record to be certified to it for decision. When the presiding 
    employee makes an initial decision, that decision then becomes the decision 
    of the agency without further proceedings unless there is an appeal to, or 
    review on motion of, the agency within time provided by rule. On appeal from 
    or review of the initial decision, the agency has all the powers which it 
    would have in making the initial decision except as it may limit the issues 
    on notice or by rule. When the agency makes the decision without having presided 
    at the reception of the evidence, the presiding employee or an employee qualified 
    to preside at hearings pursuant to section 556 of this 
    title shall first recommend a decision, except that in rule making or determining 
    applications for initial licenses - 
  -  (1) instead thereof the agency may issue a tentative decision or one of 
    its responsible employees may recommend a decision; or  
-  (2) this procedure may be omitted in a case in which the agency finds on 
    the record that due and timely execution of its functions imperatively and 
    unavoidably so requires.  
 (c) Before a recommended, initial, or tentative decision, or a decision 
    on agency review of the decision of subordinate employees, the parties are 
    entitled to a reasonable opportunity to submit for the consideration of the 
  employees participating in the decisions -  
  -  (1) proposed findings and conclusions; or  
-  (2) exceptions to the decisions or recommended decisions of subordinate 
    employees or to tentative agency decisions; and  
-  (3) supporting reasons for the exceptions or proposed findings or conclusions. 
    The record shall show the ruling on each finding, conclusion, or exception 
    presented. All decisions, including initial, recommended, and tentative decisions, 
    are a part of the record and shall include a statement of -  
    
      -  (A) findings and conclusions, and the reasons or basis therefor, on all 
        the material issues of fact, law, or discretion presented on the record; and  
-  (B) the appropriate rule, order, sanction, relief, or denial thereof.  
 
-  (d)
    
      - (1) In any agency proceeding which is subject to subsection (a) of this 
        section, except to the extent required for the disposition of ex parte matters 
        as authorized by law -  
        
          -  (A) no interested person outside the agency shall make or knowingly cause 
            to be made to any member of the body comprising the agency, administrative 
            law judge, or other employee who is or may reasonably be expected to be involved 
            in the decisional process of the proceeding, an ex parte communication relevant 
            to the merits of the proceeding;  
-  (B) no member of the body comprising the agency, administrative law judge, 
            or other employee who is or may reasonably be expected to be involved in the 
            decisional process of the proceeding, shall make or knowingly cause to be 
            made to any interested person outside the agency an ex parte communication 
            relevant to the merits of the proceeding;  
-  (C) a member of the body comprising the agency, administrative law judge, 
            or other employee who is or may reasonably be expected to be involved in the 
            decisional process of such proceeding who receives, or who makes or knowingly 
            causes to be made, a communication prohibited by this subsection shall place 
            on the public record of the proceeding:  
            
              -  (i) all such written communications;  
-  (ii) memoranda stating the substance of all such oral communications; and  
-  (iii) all written responses, and memoranda stating the substance of all 
                oral responses, to the materials described in clauses (i) and (ii) of this 
                subparagraph;  
 
-  (D) upon receipt of a communication knowingly made or knowingly caused 
            to be made by a party in violation of this subsection, the agency, administrative 
            law judge, or other employee presiding at the hearing may, to the extent consistent 
            with the interests of justice and the policy of the underlying statutes, require 
            the party to show cause why his claim or interest in the proceeding should 
            not be dismissed, denied, disregarded, or otherwise adversely affected on 
            account of such violation; and  
-  (E) the prohibitions of this subsection shall apply beginning at such time 
            as the agency may designate, but in no case shall they begin to apply later 
            than the time at which a proceeding is noticed for hearing unless the person 
            responsible for the communication has knowledge that it will be noticed, in 
            which case the prohibitions shall apply beginning at the time of his acquisition 
            of such knowledge.  
 
-  (2) This subsection does not constitute authority to withhold information 
        from Congress. 
 
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