5 U.S.C. § 564

Publication of notice; applications for membership on committees

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(a)Publication of Notice.—If, after considering the report of a convener or conducting its own assessment, an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Federal Register and, as appropriate, in trade or other specialized publications, a notice which shall include—(1) an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;(2) a description of the subject and scope of the rule to be developed, and the issues to be considered;(3) a list of the interests which are likely to be significantly affected by the rule;(4) a list of the persons proposed to represent such interests and the person or persons proposed to represent the agency;(5) a proposed agenda and schedule for completing the work of the committee, including a target date for publication by the agency of a proposed rule for notice and comment;(6) a description of administrative support for the committee to be provided by the agency, including technical assistance;(7) a solicitation for comments on the proposal to establish the committee, and the proposed membership of the negotiated rulemaking committee; and(8) an explanation of how a person may apply or nominate another person for membership on the committee, as provided under subsection (b).(b)Applications for Membership or 11 So in original. Probably should be “on”. Committee.—Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person specified in a notice under subsection (a)(4) may apply for, or nominate another person for, membership on the negotiated rulemaking committee to represent such interests with respect to the proposed rule. Each application or nomination shall include—(1) the name of the applicant or nominee and a description of the interests such person shall represent;(2) evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent;(3) a written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration; and(4) the reasons that the persons specified in the notice under subsection (a)(4) do not adequately represent the interests of the person submitting the application or nomination.(c)Period for Submission of Comments and Applications.—The agency shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section.(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4971, § 584; renumbered § 564, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)Editorial NotesAmendments

1992—Pub. L. 102–354 renumbered section 584 of this title as this section.

Notes of Decisions

Cited in 4 cases, 1992–2012 · leading case: Emergency Servs. Billing Corp. v. Allstate Ins., 668 F.3d 459 (7th Cir. 2012).

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Emergency Servs. Billing Corp. v. Allstate Ins., 668 F.3d 459 (7th Cir. 2012). “5 U.S.C. § 564 . The relevant portions of that notice only concerned the notification requirements under CERCLA, and stated that “nothing in this proposal should be interpreted as reflecting Agency policy or the applicable law with respect to other provisions of [CERCLA].”

Nat'l Mining Ass'n v. Chao, 160 F. Supp. 2d 47 (D.D.C. 2001). “§ 919 (d) — are 5 U.S.C. §§ 564 , 656-657. However, even if 5 U.”

Moore v. Madigan, 789 F. Supp. 1479 (W.D. Mo. 1992). “Administrative Procedure Act, 5 U.S.C. § 564 (a) Plaintiff also argues that the USDA action was inconsistent with congressional intent to provide formal adjudicatory procedures in proceedings where a penalty is assessed by an agency.”

Rhode Island Dep't of Env't Mgmt. v. United States, 286 F.3d 27 (1st Cir. 2002). “A hearing before the ALJ is conducted in accordance with the formal hearing provisions of the Administrative Procedure Act (“APA”), set forth at 5 U.S.C. § 564 . 42 U.S.C. § 6971 (b). The employer and employee are entitled to be represented by counsel at the hearing, present…”

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