Us Code § 1105 - Administrative procedure
Full text of Us Code United States Code § 1105 — Administrative procedure, with citation guidance and answers to common questions.
§ 1105. Administrative procedure
Subject to section 1103(b) of this title, in the exercise of the functions assigned under this chapter, the Director shall be subject to subsections (b), (c), and (d) of section 553 of this title, notwithstanding subsection (a) of such section 553.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 400; Pub. L. 95–454, title II, §201(a), Oct. 13, 1978, 92 Stat. 1121.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 635 (less last 24 words of 6th sentence, and less 7th sentence). | Jan. 16, 1883, ch. 27, §3 (less last 24 words of 6th sentence, and less 7th sentence), 22 Stat. 404. | |
| [Uncodified]. | 1949 Reorg. Plan No. 5, §4, eff. Aug. 19, 1949, 63 Stat. 1069. |
In subsection (a), the words "the District of Columbia" are substituted for "Washington". The words "at least three individuals in the service of the United States" are substituted for a "a suitable number of persons, not less than three, in the official service of the United States". So much of the first three sentences of former section 635 as related to the offices of the Chief Examiner and the Secretary are omitted because the offices were abolished by 1949 Reorg. Plan No. 5, §4. So much of the first sentence as imposed a duty on the Chief Examiner, under the Commission's direction, to act with the examining boards to secure accuracy, uniformity, and justice in all their proceedings is restated in section 1104(a)(1). The fourth sentence of former section 635, authorizing the Commission to employ a stenographer and a messenger, is omitted as obsolete. The remainder is rewritten for clarity. The text of 1949 Reorg. Plan No. 5, §4, is omitted as executed.
In subsection (b), the words "Chairman, United States Civil Service Commission" are substituted for "chief examiner" on authority of 1949 Reorg. Plan No. 5, §2(a)(2). The words "at all times" 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
Amendments
1978—Pub. L. 95–454 substituted "Administrative procedure" for "Boards of examiners" in section catchline, and in text provisions relating to administrative procedure applicable to administration of this chapter for provisions relating to boards of examiners for the United States Civil Service Commission.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
CHAPTER 12—MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION
SUBCHAPTER I—MERIT SYSTEMS PROTECTION BOARD
SUBCHAPTER II—OFFICE OF SPECIAL COUNSEL
SUBCHAPTER III—INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES
Editorial Notes
Amendments
1989—Pub. L. 101–12, §3(b)(2), (3), Apr. 10, 1989, 103 Stat. 31, substituted ", OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION" for "AND SPECIAL COUNSEL" in chapter heading, and amended chapter analysis generally, inserting subchapter I heading, and in item 1204 substituting "Powers and functions of the Merit Systems Protection Board" for "Special Counsel; appointment and removal", in item 1205 substituting "Transmittal of information to Congress" for "Powers and functions of the Merit Systems Protection Board and Special Counsel", in item 1206 substituting "Annual report" for "Authority and responsibilities of the Special Counsel", omitting items 1207 "Hearings and decisions on complaints filed by the Special Counsel", 1208 "Stays of certain personnel actions", and 1209 "Information", and inserting subchapters II and III headings and items 1211 to 1219, 1221, and 1222.
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—MERIT SYSTEMS PROTECTION BOARD
Editorial Notes
Amendments
1989—Pub. L. 101–12, §3(b)(4), Apr. 10, 1989, 103 Stat. 31, inserted subchapter heading.
About This Section
5 U.S.C. § 1105 is part of Title 5 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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