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5 U.S.C. § 562

Section 562 · Definitions

Amended 3 times on record

Applied in 25 court decisions — leading case Grand Central Partnership, Inc. v. Cuomo (1999)

Most recently applied in 280 F. Supp. 3d 550 - Sorin v. U.S. Department of Justice (November 2017)

How often courts cite this section

19902000201020202022110101-648enacted · 1990 · 101-648amended · 1992 · 102-354Grand Central Partnership, Inc. v. Cuomoleading · 1999 · Grand Central Partnership, Inc. v. Cuomo117-286amended · 2022 · 117-286
citing decisions per year

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.

For the purposes of this subchapter, the term—

(1) "agency" has the same meaning as in section 551(1) of this title;

(2) "consensus" means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under this subchapter, unless such committee—

(A) agrees to define such term to mean a general but not unanimous concurrence; or

(B) agrees upon another specified definition;

(3) "convener" means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate in a particular rulemaking;

(4) "facilitator" means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule;

(5) "interest" means, with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner;

(6) "negotiated rulemaking" means rulemaking through the use of a negotiated rulemaking committee;

(7) "negotiated rulemaking committee" or "committee" means an advisory committee established by an agency in accordance with this subchapter and chapter 10 of this title to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule;

(8) "party" has the same meaning as in section 551(3) of this title;

(9) "person" has the same meaning as in section 551(2) of this title;

(10) "rule" has the same meaning as in section 551(4) of this title; and

(11) "rulemaking" means "rule making" as that term is defined in section 551(5) of this title.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Editorial Notes

Amendments

2022—Par. (7). Pub. L. 117–286 substituted "chapter 10 of this title" for "the Federal Advisory Committee Act".

1992—Pub. L. 102–354 renumbered section 582 of this title as this section.

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