5 U.S.C. § 558
Section 558 · Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses
This is the Administrative Procedure Act of 1946
Amended 1 time on record
Applied in 210 court decisions — leading case Butz v. Glover Livestock Commission Co. (1973)
Most recently applied in China Unicom (Americas) Opera v. FCC (December 2024)
Applied most in the District Circuit Circuit (34 decisions)
Cases citing this section usually also cite 5 U.S.C. § 706 · 5 U.S.C. § 551 · 5 U.S.C. § 553
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) This section applies, according to the provisions thereof, to the exercise of a power or authority.
(b) A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law.
(c) When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the interested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with sections 556 and 557 of this title or other proceedings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given—
(1) notice by the agency in writing of the facts or conduct which may warrant the action; and
(2) opportunity to demonstrate or achieve compliance with all lawful requirements.
When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency.
Editorial notes U.S. Code · Office of the Law Revision Counsel
In subsection (b), the prohibition is restated in positive form.
In subsection (c), the words “within a reasonable time” are substituted for “with reasonable dispatch”. The last two sentences are restated for conciseness and clarity and to restate the prohibition in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Codification
Section 558 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2209 of Title 7, Agriculture.
Cross References
Federal Communications Commission, issuance of cease and desist orders in connection with revocation of licenses or permits by, see section 312 of Title 47, Telegraphs, Telephones, and Radiotelegraphs.