
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC500]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 500. Administrative practice; general provisions

    (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 (sections 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.

(Added Pub. L. 90-83, Sec. 1(1)(A), Sept. 11, 1967, 81 Stat. 195; 
amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, 
Sec. 4732(b)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-583.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                      Source (Revised
 Section of title 5       Source (U.S. Code)         Statutes at Large)
------------------------------------------------------------------------
500(a).............  5 App.: 1014.                 Nov. 8, 1965, Pub. L.
                                                    89-332, Sec.  3, 79
                                                    Stat. 1281.
500(b)-(e).........  5 App.: 1012.                 Nov. 8, 1965, Pub. L.
                                                    89-332, Sec.  1, 79
                                                    Stat. 1281.
500(f).............  5 App.: 1013.                 Nov. 8, 1965, Pub. L.
                                                    89-332, Sec.  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.


                               Amendments

    1999--Subsec. (e). Pub. L. 106-113 substituted ``United States 
Patent and Trademark Office'' for ``Patent Office''.


                    Effective Date of 1999 Amendment

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

                  Section Referred to in Other Sections

    This section is referred to in title 31 section 330; title 38 
section 5901; title 49 section 703.
