6(a), 61 Stat. 37; June 30, 1947, ch. 163, Title II, § 210, 61 Stat. 201; Mar. 30, 1948, ch. 161, Title III, § 301, 62 Stat. 99.)

Amendments. Subsec. (a) amended by Act Mar. 30, 1948, cited to text, to exclude from the provisions of this section the amendments made to sections 1891-1902 of Appendix to Title 50 by Act Mar. 30, 1948, cited to text.

Subsec. (a) amended by Act Mar. 31, 1947, cited to text, which inserted "and 981-985" following "1615-1646".

Subsec. (a) amended by Act June 30, 1947, cited to text, which added references to sections 1881-1884 and 1891-1902 of Appendix to Title 50 and sections 1738 Subsec. (a) amended by Acts Aug. 10, 1946, and Aug. 8, 1946, both cited to text, both of which added at end of subsec. "sections 1738, 1739, and 1743 of Title 12, and sections 1821-1833 of Appendix to Title 50.''

and 1744 of Title 12.

Short title.-Congress in enacting this legislation, provided by section 1 of Act June 11, 1946, cited to text, that this Chapter should be popularly known as the "Administrative Procedure Act."

Effective date.-Section as effective three months after June 11, 1946, see section 1011 of this title.

Other exclusions. Certain functions excluded from operation of this chapter, see section 5 of Second Decontrol Act of 1947, set out in note to section 633 of Appendix to Title 50, War and National Defense.

§ 1002. Publication of information, rules, opinions, orders and public records. Except to the extent that there is involved (1) any function of the United States requiring secrecy in the public interest or (2) any matter relating solely to the internal management of an agency

(a) Every agency shall separately state and currently publish in the Federal Register (1) descriptions of its central and field organization including delegations by the agency of final authority and the established places at which, and methods whereby, the public may secure information or make submittals or requests; (2) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal or informal procedures available as well as forms and instructions as to the scope and contents of all papers, reports, or examinations; and (3) substantive rules adopted as authorized by law and statements of general policy or interpretations formulated and adopted by the agency for the guidance of the public, but not rules addressed to and served upon named persons in accordance with law. No person shall in any manner be required to resort to organization or procedure not so published.

(b) Every agency shall publish or, in accordance with published rule, make available to public inspection all final opinions or orders in the adjudication of cases (except those required for good cause to be held confidential and not cited as precedent) and all rules.

(c) Save as otherwise required by statute, matters of official record shall in accordance with published rule be made available to persons properly and directly concerned except information held confidential for good cause found. (June 11, 1946, ch. 324, § 3, 60 Stat. 238.)

Section as effective three months after June 11, 1946, see section 1011 of this title.

§ 1003. Rule making.-Except to the extent that there is involved (1) any military, naval, or foreign affairs function of the United

§ 1004 States or (2) any matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.

(a) Notice; publication and contents.-General notice of proposed rule making shall be published in the Federal Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law) and shall include (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved. Except where notice or hearing is required by statute, this subsection shall not apply to interpretative rules, general statements of policy, rules of agency organization, procedure, or practice, or in any situation in which the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.

(b) Procedures.-After notice required by this section, the agency shall afford interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity to present the same orally in any manner; and, after consideration of all relevant matter presented, the agency shall incorporate in any rules adopted a concise general statement of their basis and purpose. Where rules are required by statute to be made on the record after opportunity for an agency hearing, the requirements of sections 1006 and 1007 of this title shall apply in place of the provisions of this subsection.

(c) Time of publication or service or rules.-The required publication or service of any substantive rule (other than one granting or recognizing exemption or relieving restriction or interpretative rules and statements of policy) shall be made not less than thirty days prior to the effective date thereof except as otherwise provided by the agency upon good cause found and published with the rule.

(d) Petitions. Every agency shall accord any interested person the right to petition for the issuance, amendment, or repeal of a rule. (June 11, 1946, ch. 324, § 4, 60 Stat. 238.)

Section as effective three months after June 11, 1946, see section 1011 of this title.

§ 1004. Adjudications.-In every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved (1) any matter subject to a subsequent trial of the law and the facts de novo in any court; (2) the selection or tenure of an officer or employee of the United States other than examiners appointed pursuant to section 1010 of this title; (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military, naval, or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; and (6) the certification of employee representatives.

(a) Notice of hearing and issues.-Persons entitled to notice of an agency hearing shall be timely informed of (1) the time, place, and nature thereof; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. In instances in which private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the times and places for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.

(b) Procedure. The agency shall afford all interested parties opportunity for (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment where time, the nature of the proceeding, and the public interest permit, and (2) to the extent that the parties are unable so to determine any controversy by consent, hearing, and decision upon notice and in conformity with sections 1006 and 1007 of this title.

(c) Authority and functions of officers and employees.-The same officers who preside at the reception of evidence pursuant to section 1006 of this title shall make the recommended decision or initial decision required by section 1007 of this title except where such officers become unavailable to the agency. Save to the extent required for the disposition of ex parte matters as authorized by law, no such officer shall consult any person or party on any fact in issue unless upon notice and opportunity for all parties to participate; nor shall such officer be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency. No officer, employee, or agent engaged in the performance of investigative or prosecuting functions for any agency in any case shall, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 1007 of this title except as witness or counsel in public proceedings. This subsection shall not apply in determining applications for initial licenses or to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; nor shall it be applicable in any manner to the agency or any member or members of the body comprising the agency.

(d) Declaratory orders.-The agency is authorized in its sound discretion, with like effect as in the case of other orders, to issue a declaratory order to terminate a controversy or remove uncertainty. (June 11, 1946, ch. 324, § 5, 60 Stat. 239.)

Section as effective three months after June 11, 1946, see section 1011 of this title.

§ 1005. Ancillary matters.-Except as otherwise provided in this chapter

(a) Appearance and representation of parties.-Any person compelled to appear in person before any agency or representative there

of shall be accorded the right to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. Every party shall be accorded the right to appear in person or by or with counsel or other duly qualified representative in any agency proceeding. So far as the orderly conduct of public business permits, any interested person may appear before any agency or its responsible officers or employees for the presentation, adjustment, or determination of any issues, request, or controversy in any proceeding (interlocutory, summary, or otherwise) or in connection with any agency function. Every agency shall proceed with reasonable dispatch to conclude any matter presented to it except that due regard shall be had for the convenience and necessity of the parties or their representatives. Nothing herein shall be construed either to grant or to deny to any person who is not a lawyer the right to appear for or represent others before any agency or in any agency proceeding.

(b) Issuance of process; investigations; transcript of evidence.No process, requirement of a report, inspection, or other investigative act or demand shall be issued, made, or enforced in any manner or for any purpose except as authorized by law. Every person compelled to submit data or evidence shall be 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.

(c) Subpenas and production of evidence.-Agency subpenas authorized by law shall be issued to any party upon request and, as may be required by rules of procedure, upon a statement or showing of general relevance and reasonable scope of the evidence sought. Upon contest the court shall sustain any such subpena or similar process or demand to the extent that it is found to be in accordance with law and, in any proceeding for enforcement, 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.

(d) Notice of denial of application or petition.-Prompt notice shall be given of the denial in whole or in part of any written application, petition, or other request of any interested person made in connection with any agency proceeding. Except in affirming a prior denial or where the denial is self-explanatory, such notice shall be accompanied by a simple statement of procedural or other grounds. (June 11, 1946, ch. 324, § 6, 60 Stat. 240.)

Section as effective three months after June 11, 1946, see section 1011 of this title.

§1006. Hearings; presiding officers; powers and duties; burden of proof; evidence; record as basis for decision. In hearings which section 1003 or 1004 of this title requires to be conducted pursuant to this section

(a) There shall preside at the taking of evidence (1) the agency, (2) one or more members of the body which comprises the agency,

tion at a rate in excess of $10,000 per annum on June 30, 1945, may continue to receive such rate of aggregate compensation so long as he continues to occupy the office or position he occupied on such date but in no case beyond June 30, 1947. (June 30, 1945, ch. 212, Title VI, § 603, 59 Stat. 302, amended May 24, 1946, ch. 270, § 7(a), 60 Stat. 218; July 3, 1948, ch. 830, Title III, § 303 (a), 62 Stat. 1268.) Amendments.-Subsec. (b) amended by Act July 3, 1948, cited to text, by striking out "$10,000", and inserting in lieu thereof $10,330".

Subsec. (b) amended by Act May 24, 1946, cited to text, inserted "or any amendment thereto", following "said sections".

Effective date.-For effective date of amendment of section by Act July 3, 1948, see note set out under section 955 of this title.

Effective date of Act May 24, 1946, cited to text, see note set out under section 672b of this title.

Effective date of Act June 30, 1945, cited to text, see note set out under section 901 of this title.

§ 943a. Limitations on increases in compensation.-Notwithstanding any other provision of sections 672b, 672c, 673, 902, 912, 921, 922, 931, 932, 933a, 934, 935, 942a, 942b, 943, 943a, 946 and 947 of this title, no officer or employee shall by reason of the enactment of said sections, be paid with respect to any pay period, basic compensation, or basic compensation plus any additional compensation provided by this chapter, at a rate in excess of $10,330 per annum. (May 24, 1946, ch. 270, § 7(b), 60 Stat. 218, amended July 3, 1948, ch. 830, Title III, § 303(b), 62 Stat. 1268.)

This section was enacted as a part of the Federal Employees Pay Act of 1946 and not as a part of the Federal Employees Pay Act of 1945 which comprises this chapter.

1948 Amendment.-Act July 3, 1948, cited to text, amended section by striking out $10,000" and inserting in lieu thereof "$10,330".

Effective date. For effective date of amendment of section by Act July 3, 1948, see note set out under section 955 of this title.

Effective date, see note set out under section 672b of this title.

§ 944. Establishment of basic workweek; pay period; pay computa tion methods; application by Architect of the Capitol and Librarian of Congress. It shall be the duty of the heads of the several departments and independent establishments and agencies in the executive branch, including Government-owned or controlled corporations, and the District of Columbia municipal government, to establish as of July 1, 1945, for all fulltime officers and employees in their respective organizations, in the departmental and the field services, a basic administrative workweek of forty hours, and to require that the hours of work in such workweek be performed within a period of not more than six of any seven consecutive days.

Beginning not later than October 1, 1945, each pay period for all officers and employees of the organizations referred to in the first paragraph of this section, except officers and employees on the Isthmus of Panama in the service of The Panama Canal or the Panama Railroad Company, shall cover two administrative workweeks. When a pay period for such officers and employees begins in one fiscal year and ends in another, the gross amount of the earnings for such pay period may be regarded as a charge against the appropriation or allotment current at the end of such pay period.

Hereafter, for all pay computation purposes affecting officers or employees in or under the executive branch, the judicial branch, or the