|
U.S. Code as of:
01/03/05
Section 558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses
(a) This section applies, according to the provisions thereof, to
the exercise of a power or authority.
(b) 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.
(c) 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 -
(1) notice by the agency in writing of the facts or conduct
which may warrant the action; and
(2) 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.
|
|