5 U.S.C. § 558 — Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 223 words · no verdicts yet
This section limits an agency’s power to impose sanctions or issue substantive rules and orders. It sets procedures and protections for license applications, license withdrawal, suspension, revocation, annulment, renewal, and expiration.
(a) This section applies, as its provisions specify, when an agency exercises a power or authority.
(b) An agency may impose a sanction or issue a substantive rule or order only within authority delegated to the agency and as authorized by law.
(c) When someone applies for a license required by law, the agency must, while respecting the rights and privileges of interested or adversely affected people and acting within a reasonable time, set and finish the proceedings required by sections 556 and 557 or other required proceedings and decide the application. Except for willful conduct or when public health, the public interest, or public safety requires otherwise, the agency may withdraw, suspend, revoke, or annul a license only if, before starting those proceedings, it has given the licensee (1) written notice of the facts or conduct that may justify the action and (2) an opportunity to show compliance with all lawful requirements or achieve that compliance. If the licensee timely and sufficiently applies under agency rules to renew or obtain a new license, a license concerning an ongoing activity does not expire until the agency finally decides the application.
This section applies, according to the provisions thereof, to the exercise of a power or authority.
A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law.
When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the interested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with sections 556 and 557 of this title or other proceedings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given—
notice by the agency in writing of the facts or conduct which may warrant the action; and
opportunity to demonstrate or achieve compliance with all lawful requirements.
When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 388
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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