
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: 5USC572]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
     SUBCHAPTER IV--ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE 
                         ADMINISTRATIVE PROCESS
 
Sec. 572. General authority

    (a) An agency may use a dispute resolution proceeding for the 
resolution of an issue in controversy that relates to an administrative 
program, if the parties agree to such proceeding.
    (b) An agency shall consider not using a dispute resolution 
proceeding if--
        (1) a definitive or authoritative resolution of the matter is 
    required for precedential value, and such a proceeding is not likely 
    to be accepted generally as an authoritative precedent;
        (2) the matter involves or may bear upon significant questions 
    of Government policy that require additional procedures before a 
    final resolution may be made, and such a proceeding would not likely 
    serve to develop a recommended policy for the agency;
        (3) maintaining established policies is of special importance, 
    so that variations among individual decisions are not increased and 
    such a proceeding would not likely reach consistent results among 
    individual decisions;
        (4) the matter significantly affects persons or organizations 
    who are not parties to the proceeding;
        (5) a full public record of the proceeding is important, and a 
    dispute resolution proceeding cannot provide such a record; and
        (6) the agency must maintain continuing jurisdiction over the 
    matter with authority to alter the disposition of the matter in the 
    light of changed circumstances, and a dispute resolution proceeding 
    would interfere with the agency's fulfilling that requirement.

    (c) Alternative means of dispute resolution authorized under this 
subchapter are voluntary procedures which supplement rather than limit 
other available agency dispute resolution techniques.

(Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2739, 
Sec. 582; renumbered Sec. 572, Pub. L. 102-354, Sec. 3(b)(2), Aug. 26, 
1992, 106 Stat. 944.)

                          Codification

    Section 572 of former Title 5, Executive Departments and Government 
Officers and Employees, was transferred to section 2257 of Title 7, 
Agriculture.


                            Prior Provisions

    A prior section 572 was renumbered section 592 of this title.


                               Amendments

    1992--Pub. L. 102-354 renumbered section 582 of this title as this 
section.

                  Section Referred to in Other Sections

    This section is referred to in section 575 of this title; title 9 
section 10; title 41 section 605.
