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U.S. Code as of:
01/03/05
Section 572. General authority
(a) An agency may use a dispute resolution proceeding for the
resolution of an issue in controversy that relates to an
administrative program, if the parties agree to such proceeding.
(b) An agency shall consider not using a dispute resolution
proceeding if -
(1) a definitive or authoritative resolution of the matter is
required for precedential value, and such a proceeding is not
likely to be accepted generally as an authoritative precedent;
(2) the matter involves or may bear upon significant questions
of Government policy that require additional procedures before a
final resolution may be made, and such a proceeding would not
likely serve to develop a recommended policy for the agency;
(3) maintaining established policies is of special importance,
so that variations among individual decisions are not increased
and such a proceeding would not likely reach consistent results
among individual decisions;
(4) the matter significantly affects persons or organizations
who are not parties to the proceeding;
(5) a full public record of the proceeding is important, and a
dispute resolution proceeding cannot provide such a record; and
(6) the agency must maintain continuing jurisdiction over the
matter with authority to alter the disposition of the matter in
the light of changed circumstances, and a dispute resolution
proceeding would interfere with the agency's fulfilling that
requirement.
(c) Alternative means of dispute resolution authorized under this
subchapter are voluntary procedures which supplement rather than
limit other available agency dispute resolution techniques.
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