When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to sectionof this title, except as witness or counsel in public proceedings. This subsection does not apply-
1 So in original.
5 U.S.C. § 554
|HISTORICAL AND REVISION NOTES|
|Derivation||U.S. Code||Revised Statutes and |
Statutes at Large
|5 U.S.C. 1004.||June 11, 1946, ch. 324, §5, 60 Stat. 239.|
CODIFICATIONSection 554 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to sectionof Title 7, Agriculture.
AMENDMENTS1978-Subsec. (a)(2). Pub. L. 95-251 substituted "administrative law judge" for "hearing examiner".
- The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.