
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: 5USC558]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
                 SUBCHAPTER II--ADMINISTRATIVE PROCEDURE
 
Sec. 558. Imposition of sanctions; determination of applications 
        for licenses; suspension, revocation, and expiration of licenses
        
    (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 sections 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 388.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1008.                June 11, 1946, ch.
                                                    324, Sec.  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.

                          Codification

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

                  Section Referred to in Other Sections

    This section is referred to in title 2 sections 501, 502; title 16 
section 1824; title 30 section 185; title 41 section 422; title 42 
sections 2236, 7651g; title 45 section 312; title 46 sections 7702, 
9303; title 50 App. sections 2159, 2412.
