12 LAWS GOVERNING MARINE INSPECTION 



ative. 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 issue, 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 pix)ceeding 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 au- 

 thorized 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 to the denial in whole or in part of any written applica- 

 tion, petition, or other request of any interested person made in connec- 

 tion 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. 



Hearings; presiding officers 



5 U.S.C. 1006 



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, 

 or (3) one or more examiners appointed as provided in this Act; 

 but nothing in this Act shall be cleemed to supereede the conduct of 

 specified classes of proceedings in whole or part by or before boards 

 or other officers specially provided for by or designated pursuant to 

 statute. The functions of all presiding officers and of officers par- 

 ticipating in decisions in conformity with section 1007 of this title 

 shall be conducted in an impartial manner. Any such officer may at 



