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* U.S.C. TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
* PART I - THE AGENCIES GENERALLY
* CHAPTER 5 - ADMINISTRATIVE PROCEDURE
* SUBCHAPTER II - ADMINISTRATIVE PROCEDURE
* 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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