1. ADMINISTRATIVE PROCEDURE TABLE OF CONTENTS Administrative procedure.. 5 U.S.C., chapter 5, subchapter II.-Administrative procedure__ Section 551. Definitions.. Section 556. Hearings; presiding employees; powers and duties; Section 557. Initial decisions; conclusiveness; review by agency; Section 558. Imposition of sanctions; determination of applica- Page A1 A1 A1 A2 A3 A4 A5 A6 A8 Administrative law judges (5 U.S.C. 3105, 3344, 5362, and 7521). A11 Section 3105. Appointment of administrative law judges. 5 U.S.C., chapter 5, subchapter I.—General provisions. A13 Section 552. Public information; agency rules, opinions, orders, Selected provisions of title 28, United States Code, relating to judicial review_ Selected provisions of title 28, United States Code, relating to judicial review-Continued 28 U.S.C., chapter 158.-Orders of Federal agencies; review. Section 2341. Definitions__. Section 2342. Jurisdiction of court of appeals. Section 2343. Venue__ Section 2344. Review of orders; time; notice; contents of peti tion; service.......... Section 2345. Prehearing conference- 100 1 1 Page A39 A 39 A 40 A40 A 40 Section 2346. Certification of record on review. A41 Cross reference tables (APA to title 5; title 5 to APA)_ _ A43 INFORMATION AND PRIVACY § 552. Public information; agency rules, opinions, orders, records, and proceedings (a) Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection and copying (A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; (B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and (C) administrative staff manuals and instructions to staff that affect a member of the public; unless the materials are promptly published and copies offered for sale. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction. However, in 40-318 O - 79 - 32 of an agency in a matter other than rule making but including licensing; (7) "adjudication" means agency process for the formulation of an order; (8) "license" includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission; (9) "licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; (10) "sanction" includes the whole or a part of an agency— (A) prohibition, requirement, limitation, or other condition affecting the freedom of a person; (B) withholding of relief; (C) imposition of penalty or fine; (D) destruction, taking, seizure, or withholding of property; (E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (F) requirement, revocation, or suspension of a license; or (G) taking other compulsory or restrictive action; (11) "relief" includes the whole or a part of an agency— (A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (B) recognition of a claim, right, immunity, privilege, exemption, or exception; or (C) taking of other action on the application or petition of, and beneficial to, a person; (12) "agency proceeding" means an agency process as defined by paragraphs (5), (7), and (9) of this section; (13) "agency action" includes the whole or part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act; and (14) "ex parte communication" means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this subchapter. §§ 552, 552a, 552b, see page 17. § 553. Rule making (a) This section applies, according to the provisions thereof, except to the extent that there is involved or (1) a military or foreign affairs function of the United States; (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. (b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; and |