Sec. 501. procedures
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/statute-compilations/comps-849/sec-501A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 501 procedures ###
(a)####
(1)Subject to the other requirements of this title, the provisions of subchapter II of chapter 5 of title 5, United States Code, shall apply in accordance with its terms to any rule or regulation, or any order having the applicability and effect of a rule (as defined in section 551(4) of title 5, United States Code), issued pursuant to authority vested by law in, or transferred or delegated to, the Secretary, or required by this Act or any other Act to be carried out by any other officer, employee, or component of the Department, other than the Commission, including any such rule, regulation, or order of a State, or local government agency or officer thereof, issued pursuant to authority delegated by the Secretary in accordance with this title. If any provision of any Act, the functions of which are transferred, vested, or delegated pursuant to this Act, provides administrative procedure requirements in addition to the requirements provided in this title, such additional requirements shall also apply to actions under that provision. ####
(2)Notwithstanding paragraph (1), this title shall apply to the Commission to the same extent this title applies to the Secretary in the exercise of any of the Commission's functions under section 402 (c)(1) or which the Secretary has assigned under section 402(e). ###
(b)####
(1)If the Secretary determines, on his own initiative or in response to any showing made pursuant to paragraph
(2)(with respect to a proposed rule, regulation, or order described in subsection (a)) that no substantial issue of fact or law exists and that such rule, regulation, or order is unlikely to have a substantial impact on the Nation's economy or large numbers of individuals or businesses, such proposed rule, regulation, or order may be promulgated in accordance with section 553 of title 5, United States Code. If, the Secretary determines that a substantial issue of fact or law exists or that such rule, regulation, or order is likely to have a substantial impact on the Nation's economy or large numbers of individuals or businesses, an opportunity for oral presentation of views, data, and arguments shall be provided. ####
(2)Any person, who would be adversely affected by the implementation of any proposed rule, regulation, or order who desires an opportunity for oral presentation of views, data, and arguments, may submit material supporting the existence of such substantial issues or such impact. ####
(3)A transcript shall be kept of any oral presentation with respect to a rule, regulation, or order described in subsection (a). ###
(c)The requirements of subsection
(b)of this section may be waived where strict compliance is found by the Secretary to be likely to cause serious harm or injury to the public health, safety, or welfare, and such finding is set out in detail in such rule, regulation, or order. In the event the requirements of this section are waived, the requirements shall be satisfied within a reasonable period of time subsequent to the promulgation of such rule, regulation, or order. ###
(d)####
(1)With respect to any rule, regulation, or order described in subsection (a), the effects of which, except for indirect effects of an inconsequential nature, are confined to— #####
(A)a single unit of local government or the residents thereof; #####
(B)a single geographic area within a State or the residents thereof; or #####
(C)a single State or the residents thereof; the Secretary shall, in any case where appropriate, afford an opportunity for a hearing or the oral presentation of views, and provide procedures for the holding of such hearing or oral presentation within the boundaries of the unit of local government, geographic area, or State described in paragraphs
(A)through
(C)of this paragraph as the case may be. ####
(2)For the purposes of this subsection— #####
(A)the term “**unit of local government**” means a county, municipality, town, township, village, or other unit of general government below the State level; and #####
(B)the term “**geographic area within a State**” means a special purpose district or other region recognized for governmental purpose within such State is not a unit of local government. ####
(3)Nothing in this subsection shall be construed as requiring a hearing or an oral presentation of views where none is required by this section or other provision of law. ###
(e)Where authorized by any law vested, transferred, or delegated pursuant to this Act, the Secretary may, by rule, prescribe procedures for State or local government agencies authorized by the Secretary to carry out such functions as may be permitted under applicable law. Such procedures shall apply to such agencies in lieu of this section, and shall require that prior to taking any action, such agencies shall take steps reasonably calculated to provide notice to persons who may be affected by the action, and shall afford an opportunity for presentation of views (including oral presentation of views where practicable) within a reasonable time before taking the action. **[**[42 U.S.C. 7191](/us/usc/t42/s7191)**]**
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