---
kind: "section"
citation: "5 U.S.C. § 554"
title: "5"
title_heading: "Government Organization and Employees"
number: "554"
heading: "Adjudications"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/554"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 5 — Administrative Procedure"
  - "Subchapter II — Administrative Procedure"
---

# §554. Adjudications

- (a) This section applies, according to the provisions thereof, in every case of [adjudication](/usc/5/551.md?p=7) required by statute to be determined on the record after opportunity for an [agency](/usc/5/551.md?p=1) hearing, except to the extent that there is involved—
  - (1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
  - (2) the selection or tenure of an employee, except a[^1] administrative law judge appointed under [section 3105 of this title](/usc/5/3105.md);
  - (3) proceedings in which decisions rest solely on inspections, tests, or elections;
  - (4) the conduct of military or foreign affairs functions;
  - (5) cases in which an [agency](/usc/5/551.md?p=1) is acting as an agent for a court; or
  - (6) the certification of worker representatives.
- (b) [Persons](/usc/5/551.md?p=2) entitled to notice of an [agency](/usc/5/551.md?p=1) hearing shall be timely informed of—
  - (1) the time, place, and nature of the hearing;
  - (2) the legal authority and jurisdiction under which the hearing is to be held; and
  - (3) the matters of fact and law asserted.

  When private [persons](/usc/5/551.md?p=2) are the moving [parties](/usc/5/551.md?p=3), other [parties](/usc/5/551.md?p=3) to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances [agencies](/usc/5/551.md?p=1) may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the [parties](/usc/5/551.md?p=3) or their representatives.

- (c) The [agency](/usc/5/551.md?p=1) shall give all interested [parties](/usc/5/551.md?p=3) opportunity for—
  - (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
  - (2) to the extent that the [parties](/usc/5/551.md?p=3) are unable so to determine a controversy by consent, hearing and decision on notice and in accordance with sections [556](/usc/5/556.md) and [557](/usc/5/557.md) of this title.
- (d) The employee who presides at the reception of evidence pursuant to [section 556 of this title](/usc/5/556.md) shall make the recommended decision or initial decision required by [section 557 of this title](/usc/5/557.md), unless he becomes unavailable to the [agency](/usc/5/551.md?p=1). Except to the extent required for the disposition of ex parte matters as authorized by law, such an employee may not—
  - (1) consult a [person](/usc/5/551.md?p=2) or [party](/usc/5/551.md?p=3) on a fact in issue, unless on notice and opportunity for all [parties](/usc/5/551.md?p=3) to participate; or
  - (2) be responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecuting functions for an [agency](/usc/5/551.md?p=1).

  An employee or agent engaged in the performance of investigative or prosecuting functions for an [agency](/usc/5/551.md?p=1) in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or [agency](/usc/5/551.md?p=1) review pursuant to [section 557 of this title](/usc/5/557.md), except as witness or counsel in public proceedings. This subsection does not apply—

  - (A) in determining applications for initial [licenses](/usc/5/551.md?p=8);
  - (B) to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; or
  - (C) to the [agency](/usc/5/551.md?p=1) or a [member](/usc/5/5531.md?p=1) or [members](/usc/5/5531.md?p=1) of the body comprising the [agency](/usc/5/551.md?p=1).
- (e) The [agency](/usc/5/551.md?p=1), with like effect as in the case of other [orders](/usc/5/551.md?p=6), and in its sound discretion, may issue a declaratory [order](/usc/5/551.md?p=6) to terminate a controversy or remove uncertainty.

## Footnotes

[^1]: So in original.

## Source credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 384; Pub. L. 95–251, § 2(a)(1), Mar. 27, 1978, 92 Stat. 183.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Derivation | U.S. Code | Revised Statutes and<br>Statutes at Large |
|  | 5 U.S.C. 1004. | June 11, 1946, ch. 324, § 5, 60 Stat. 239. |

In subsection (a)(2), the word “employee” is substituted for “officer or employee of the United States” in view of the definition of “employee” in section 2105.

In subsection (a)(4), the word “naval” is omitted as included in “military”.

In subsection (a)(5), the word “or” is substituted for “and” since the exception is applicable if any one of the factors are involved.

In subsection (a)(6), the word “worker” is substituted for “employee”, since the latter is defined in section 2105 as meaning Federal employees.

In subsection (b), the word “When” is substituted for “In instances in which”.

In subsection (c)(2), the comma after the word “hearing” is omitted to correct an editorial error.

In subsection (d), the words “The employee” and “such an employee” are substituted in the first two sentences for “The same officers” and “such officers” in view of the definition of “employee” in section 2105. The word “officer” is omitted in the third and fourth sentences as included in “employee” as defined in section 2105. The prohibition in the third and fourth sentences is restated in positive form. In paragraph (C) of the last sentence, the words “in any manner” are omitted as surplusage.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

### Editorial Notes

### Codification

Section 554 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2246 of Title 7, Agriculture.

### Amendments

1978—Subsec. (a)(2). Pub. L. 95–251 substituted “administrative law judge” for “hearing examiner”.