---
kind: "section"
citation: "5 U.S.C. § 579"
title: "5"
title_heading: "Government Organization and Employees"
number: "579"
heading: "Arbitration proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/579"
units:
  - "Part I — The Agencies Generally"
  - "Chapter 5 — Administrative Procedure"
  - "Subchapter IV — Alternative Means of Dispute Resolution in the Administrative Process"
---

# §579. Arbitration proceedings

- (a) The arbitrator shall set a time and place for the hearing on the dispute and shall notify the [parties](/usc/5/571.md?p=10) not less than 5 days before the hearing.
- (b) Any [party](/usc/5/571.md?p=10) wishing a record of the hearing shall—
  - (1) be responsible for the preparation of such record;
  - (2) notify the other [parties](/usc/5/571.md?p=10) and the arbitrator of the preparation of such record;
  - (3) furnish copies to all identified [parties](/usc/5/571.md?p=10) and the arbitrator; and
  - (4) pay all costs for such record, unless the [parties](/usc/5/571.md?p=10) agree otherwise or the arbitrator determines that the costs should be apportioned.
- (c)
  - (1) The [parties](/usc/5/571.md?p=10) to the arbitration are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
  - (2) The arbitrator may, with the consent of the [parties](/usc/5/571.md?p=10), conduct all or part of the hearing by telephone, television, computer, or other electronic means, if each [party](/usc/5/571.md?p=10) has an opportunity to participate.
  - (3) The hearing shall be conducted expeditiously and in an informal manner.
  - (4) The arbitrator may receive any oral or documentary evidence, except that irrelevant, immaterial, unduly repetitious, or privileged evidence may be excluded by the arbitrator.
  - (5) The arbitrator shall interpret and apply relevant statutory and regulatory requirements, legal precedents, and policy directives.
- (d) No interested person shall make or knowingly cause to be made to the arbitrator an unauthorized ex parte communication relevant to the merits of the proceeding, unless the [parties](/usc/5/571.md?p=10) agree otherwise. If a communication is made in violation of this subsection, the arbitrator shall ensure that a memorandum of the communication is prepared and made a part of the record, and that an opportunity for rebuttal is allowed. Upon receipt of a communication made in violation of this subsection, the arbitrator may, to the extent consistent with the interests of justice and the policies underlying this subchapter, require the offending [party](/usc/5/571.md?p=10) to show cause why the claim of such [party](/usc/5/571.md?p=10) should not be resolved against such [party](/usc/5/571.md?p=10) as a result of the improper conduct.
- (e) The arbitrator shall make the [award](/usc/5/571.md?p=4) within 30 days after the close of the hearing, or the date of the filing of any briefs authorized by the arbitrator, whichever date is later, unless—
  - (1) the [parties](/usc/5/571.md?p=10) agree to some other time limit; or
  - (2) the [agency](/usc/5/601.md?p=1) provides by rule for some other time limit.

## Source credit

(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 589; renumbered § 579, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944.)

## Notes

### Editorial Notes

### Amendments

1992—Pub. L. 102–354 renumbered section 589 of this title as this section.