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5 U.S.C. § 551 — Definitions

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 614 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in this subchapter, including “agency,” “person,” “party,” “rule,” “order,” and other terms used in agency proceedings and actions.

For this subchapter—
(1) “Agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency. It does not include—
(A) Congress;
(B) the courts of the United States;
(C) the governments of the United States territories or possessions;
(D) the government of the District of Columbia; or, except for the requirements of section 552 of this title—
(E) agencies made up of representatives of the parties, or of representatives of organizations of the parties, to disputes decided by those agencies;
(F) courts-martial and military commissions;
(G) military authority exercised in the field during wartime or in occupied territory; or
(H) functions given by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891 through 1902, and former section 1641(b)(2) of title 50, appendix.
(2) “Person” includes an individual, partnership, corporation, association, or public or private organization other than an agency.
(3) “Party” includes a person or agency named or admitted as a party, a person or agency properly seeking and entitled as a right to be admitted as a party, and a person or agency admitted by an agency as a party for limited purposes.
(4) “Rule” means all or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy, or describing an agency’s organization, procedure, or practice requirements. It also includes the future approval or prescription of rates, wages, corporate or financial structures or reorganizations, prices, facilities, appliances, services or allowances for them, valuations, costs, accounting, or practices bearing on any of these.
(5) “Rule making” means an agency process for formulating, amending, or repealing a rule.
(6) “Order” means all or part of an agency’s final disposition, whether affirmative, negative, injunctive, or declaratory in form, of a matter other than rule making, including licensing.
(7) “Adjudication” means an agency process for formulating an order.
(8) “License” includes all or part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission.
(9) “Licensing” includes an agency process concerning the granting, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license.
(10) “Sanction” includes all or part of an agency’s—
(A) prohibition, requirement, limitation, or other condition affecting a person’s freedom;
(B) withholding of relief;
(C) imposition of a penalty or fine;
(D) destruction, taking, seizure, or withholding of property;
(E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees;
(F) requirement, revocation, or suspension of a license; or
(G) other compulsory or restrictive action.
(11) “Relief” includes all or part of an agency’s—
(A) grant of money, assistance, a license, authority, exemption, exception, privilege, or remedy;
(B) recognition of a claim, right, immunity, privilege, exemption, or exception; or
(C) other action on a person’s application or petition that benefits that person.
(12) “Agency proceeding” means an agency process described in paragraphs (5), (7), and (9) of this section.
(13) “Agency action” includes all or part of an agency rule, order, license, sanction, relief, or equivalent action or denial of one, or the agency’s failure to act.
(14) “Ex parte communication” means an oral or written communication about a matter not on the public record for which reasonable prior notice is not given to all parties. It does not include requests for status reports about a matter or proceeding covered by this subchapter.

the actual law source: uscode.house.gov ↗public domain

For the purpose of this subchapter—

(1)

“agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—

(A)

the Congress;

(B)

the courts of the United States;

(C)

the governments of the territories or possessions of the United States;

(D)

the government of the District of Columbia;

or except as to the requirements of section 552 of this title—

(E)

agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;

(F)

courts martial and military commissions;

(G)

military authority exercised in the field in time of war or in occupied territory; or

(H)

functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 1

(2)

“person” includes an individual, partnership, corporation, association, or public or private organization other than an agency;

(3)

“party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes;

(4)

“rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing;

(5)

“rule making” means agency process for formulating, amending, or repealing a rule;

(6)

“order” means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing;

(7)

“adjudication” means agency process for the formulation of an order;

(8)

“license” includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission;

(9)

“licensing” includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license;

(10)

“sanction” includes the whole or a part of an agency—

(A)

prohibition, requirement, limitation, or other condition affecting the freedom of a person;

(B)

withholding of relief;

(C)

imposition of penalty or fine;

(D)

destruction, taking, seizure, or withholding of property;

(E)

assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees;

(F)

requirement, revocation, or suspension of a license; or

(G)

taking other compulsory or restrictive action;

(11)

“relief” includes the whole or a part of an agency—

(A)

grant of money, assistance, license, authority, exemption, exception, privilege, or remedy;

(B)

recognition of a claim, right, immunity, privilege, exemption, or exception; or

(C)

taking of other action on the application or petition of, and beneficial to, a person;

(12)

“agency proceeding” means an agency process as defined by paragraphs (5), (7), and (9) of this section;

(13)

“agency action” includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act; and

(14)

“ex parte communication” means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this subchapter.

Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381; Pub. L. 94–409, § 4(b), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 103–272, § 5(a), July 5, 1994, 108 Stat. 1373; Pub. L. 111–350, § 5(a)(2), Jan. 4, 2011, 124 Stat. 3841.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 381
  • 1976Amended · Pub. L. 94-409 · 90 Stat. 1247
  • 1994Amended · Pub. L. 103-272 · 108 Stat. 1373
  • 2011Amended · Pub. L. 111-350 · 124 Stat. 3841

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.

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