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§ 572 General authority
Statute
5 U.S.C. 572
Text
9 passages
5 U.S.C. 572(a)(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.
5 U.S.C. 572(b)(b) An agency shall consider not using a dispute resolution proceeding if—
5 U.S.C. 572(b)(1)(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;
5 U.S.C. 572(b)(2)(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;
5 U.S.C. 572(b)(3)(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;
5 U.S.C. 572(b)(4)(4) the matter significantly affects persons or organizations who are not parties to the proceeding;
5 U.S.C. 572(b)(5)(5) a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and
5 U.S.C. 572(b)(6)(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.
5 U.S.C. 572(c)(c) Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques.
About
- Type
- Statute section
- Citation
- 5 U.S.C. 572
- Edition
- 2024 edition of the U.S. Code
- Current through
- 2025-01-06
Annual edition text. Amendments enacted after the current-through date are not reflected; check uscode.house.gov for the latest release point.