ORGANIC LAWS GOVERNING U.S. COAST GUARD 11 



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 Avhich private persons are the moving parties, other 

 parties to the proceeding shall give prompt notice of issues contro- 

 verted in fact or law; and in other instances agencies may by rule 

 require responsive pleading. In fixing the times and placCvS for hear- 

 ings, due regard shall be liad for tlie convenience and necessity of the 

 parties or their representatives. 



(b) Procedure. — The agency shall afford all interested parties op- 

 portunity for (1) the submission and consideration of facts, argu- 

 ments, 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 contro- 

 versy 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 deci- 

 sion 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 l)e responsible to or subject to the supervision or direction 

 of any officer, employee, or agent engaged in the performance of in- 

 vestigative or prosecuting functions for any agency. No officer, em- 

 ployee, 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, recom- 

 mended decision, or agency review pursuant to section 1007 of this 

 title except as witness or counsel in public proceedings. This subsec- 

 tion shall not apply in determining applications for initial licenses 

 or to proceedings involving the validity or application of rates, facil- 

 ities, or practices of public utilities or carriers; nor shall it l>e appli- 

 (•al>le 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 dis- 

 cretion, with like effect as in the case of other orders, to i&sue a 

 declaratory order to terminate a controversy or remove uncertainty. 



Ancillary matters 



5 U.S.C. 1005 



Except as otherwise provided in this chapter — 



(a) Appearance and representation of parties. — Any person com- 

 pelled to appear in person before any agency or representative thereof 

 shall be accorded the right to be accompanied, represented, and advised 

 by counsel or, if permitted by the agency, by other qualified represent- 



