§ 1105. — Administrative procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC1105]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 11--OFFICE OF PERSONNEL MANAGEMENT
Sec. 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,
Sec. 201(a), Oct. 13, 1978, 92 Stat. 1121.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
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5 U.S.C. 635 (less last 24 Jan. 16, 1883, ch.
words of 6th sentence, and 27, Sec. 3 (less
less 7th sentence). last 24 words of 6th
sentence, and less
7th sentence), 22
Stat. 404.
[Uncodified]. 1949 Reorg. Plan No.
5, Sec. 4, eff.
Aug. 19, 1949, 63
Stat. 1069.
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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, Sec. 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, Sec. 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, Sec. 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.
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.
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.
Section Referred to in Other Sections
This section is referred to in section 1103 of this title.
