
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC555]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
                 SUBCHAPTER II--ADMINISTRATIVE PROCEDURE
 
Sec. 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 385.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1005.                June 11, 1946, ch.
                                                    324, Sec.  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.

                          Codification

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

                  Section Referred to in Other Sections

    This section is referred to in title 2 sections 501, 502, 1405; 
title 8 section 1375; title 16 sections 1536, 3636; title 18 section 
3625; title 30 section 185; title 41 section 422; title 42 sections 
2000e-16c, 7407, 7502, 7511a, 7607; title 46 sections 7702, 9303; title 
50 App. sections 16, 2159, 2410, 2412.
