(a) This section applies, according
to the provisions thereof, in every case of adjudication required
by statute to be determined on the record after opportunity for an
agency hearing, except to the extent that there is involved —
(1) a matter subject to a subsequent trial
of the law and the facts de novo in a court;
(2) the selection or tenure of an employee,
except an administrative law judge appointed under section 3105 of
this title;
(3) proceedings
in which decisions rest solely on inspections, tests, or elections;
(4) the conduct of military
or foreign affairs functions;
(5) cases in which an agency is acting
as an agent for a court; or
(6) the certification of worker representatives.
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(b) Persons entitled to notice of an agency hearing
shall be timely informed of—
(1) the time, place, and nature of the
hearing;
(2) the legal
authority and jurisdiction under which the hearing is to be held;
and
(3) the matters
of fact and law asserted.
When private
persons are the moving parties, other parties to the proceedings 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.
(c) The agency shall give all interested parties opportunity
for—
(1) the submission and consideration
of facts, arguments, offers of settlement, or proposals of adjustment
when time, the nature of the proceeding, and the public interest permit;
and
(2) to the extent
that the parties are unable so to determine a controversy by consent,
hearing and decision on notice and in accordance with sections 556
and 557 of this title.
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(d) The employee
who presides at the reception of evidence pursuant to section 556
of this title shall make the recommended decision or initial decision
required by section 557 of this title, unless he becomes unavailable
to the agency. Except to the extent required for the disposition of
ex parte matters as authorized by law, such an employee may not—
(1) consult a person or party
on a fact in issue, unless on notice and opportunity for all parties
to participate; or
(2)
be responsible to or subject to the supervision or direction of an
employee or agent engaged in the performance of investigative or prosecuting
functions for an agency.
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 section 557 of this title, except as
witness or counsel in public proceedings. This subsection does not
apply—
(A) in determining applications for initial
licenses;
(B) to proceedings
involving the validity or application of rates, facilities, or practices
of public utilities or carriers; or
(C) to the agency or a member or members
of the body comprising the agency.
(e) The agency, with like effect as in the case of other
orders, and in its sound discretion, may issue a declaratory order
to terminate a controversy or remove uncertainty.
[5 USC 554. As amended
by act of March 27, 1978 (92 Stat. 183).]
