(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.
1-513
(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-explantory, the notice shall be accompanied
by a brief statement of the grounds for denial.
[5 USC 555.]
