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U.S. Code as of:
01/03/05
Section 555. Ancillary matters
(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.
(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-explanatory, the notice shall be accompanied by a brief
statement of the grounds for denial.
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