Sec. CHAPTER 5--ADMINISTRATIVE PROCEDURE SUBCHAPTER I-GENERAL PROVISIONS 500. Administrative practice; general provisions. 501. Advertising practice; restrictions. 502. Administrative practice; Reserves and National Guardsmen. 503. Witness fees and allowances. SUBCHAPTER II-ADMINISTRATIVE PROCEDURE 551. Definitions. 552. Public information; agency rules, opinions, orders, records, and proceedings. 552a. Records about individuals. 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision. 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record. 558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses. 559. Effect on other laws; effect of subsequent statute. 573. SUBCHAPTER III-ADMINISTRATIVE CONFERENCE Administrative Conference of the United States. 574. Powers and duties of the Conference. SUBCHAPTER I-GENERAL PROVISIONS § 500. Administrative practice; general provisions (a) For the purpose of this section— (1) "agency" has the meaning given it by section 551 of this title; and (2) "State" means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. (c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that (157) agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. (d) This section does not (1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; (2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; (3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. (e) Subsections (b)-(d) of this section do not apply to practice before the Patent Office with respect to patent matters that continue to be covered by chapter 3 (sections 31-33) of title 35. (f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient. (Added Pub. L. 90-83, § 1(1) (A), Sept. 11, 1967, 81 Stat. 195.) § 501. Advertising practice; restrictions An individual, firm, or corporation practicing before an agency of the United States may not use the name of a Member of either House of Congress or of an individual in the service of the United States in advertising the business. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381.) § 502. Administrative practice; Reserves and National Guards men Membership in a reserve component of the armed forces or in the National Guard does not prevent an individual from practicing his civilian profession or occupation before, or in connection with, an agency of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381.) § 503. Witness fees and allowances (a) For the purpose of this section, "agency" has the meaning given it by section 5721 of this title. (b) A witness is entitled to the fees and allowances allowed by statute for witnesses in the courts of the United States when (1) he is subpenaed under section 304 (a) of this title; or (2) he is subpenaed to and appears at a hearing before an agency authorized by law to hold hearings and subpena witnesses to attend the hearings. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381.) |