5 U.S.C. § 500 — Administrative practice; general provisions
submitted 59 years ago by Pub. L. 90-83 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 392 words · no verdicts yet
This law lets licensed lawyers and certified public accountants represent people before federal agencies. Lawyers only need to file a written declaration of their qualification and authority. It does not create new rights for unqualified representatives or set discipline rules, and it does not cover patent practice before the Patent and Trademark Office.
(a) Definitions. "Agency" means what section 551 of this title says it means. "State" means a state, a U.S. territory or possession (including a Commonwealth), or the District of Columbia.
(b) A lawyer who is a member in good standing of the bar of a state's highest court can represent someone before a federal agency. To do this, the lawyer must file a written declaration saying they are qualified and are authorized to represent that specific person.
(c) A certified public accountant licensed in a state can represent someone before the Internal Revenue Service the same way — by filing a written declaration of qualification and authorization.
(d) This section does not do four things: (1) it doesn't say whether someone who isn't qualified under (b) or (c) can still represent a person before an agency; (2) it doesn't create or limit an agency's power to discipline representatives, including barring them; (3) it doesn't let a former agency employee represent someone before that agency when a statute or regulation forbids it; and (4) it doesn't stop an agency from requiring a power of attorney before settling a case that involves paying money.
(e) Subsections (b) through (d) don't apply to patent matters before the U.S. Patent and Trademark Office. Those are covered instead by a different law — chapter 3 of title 35.
(f) When someone is represented by a qualified lawyer or accountant under (b) or (c), any required notice must also go to the representative, on top of whatever other notice the law requires. If a person has more than one qualified representative, notifying just one of them is enough.
For the purpose of this section—
“agency” has the meaning given it by section 551 of this title; and
“State” means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia.
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.
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 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.
This section does not—
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;
authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency;
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
prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money.
Subsections (b)–(d) of this section do not apply to practice before the United States Patent and Trademark Office with respect to patent matters that continue to be covered by chapter 3 (sections 31–33) of title 35.
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.
Source credit: (Added Pub. L. 90–83, § 1(1)(A), Sept. 11, 1967, 81 Stat. 195; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.)
- 1967Enacted · Pub. L. 90-83 · 81 Stat. 195
- 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-83 on 1967-09-11.
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