5 U.S.C.
§ 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.
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