Administrative Procedure Act

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The Administrative Procedure Act (APA) is a United States federal statute that governs the way in which administrative agencies of the federal government may propose and establish regulations. It also sets up a process for the United States federal courts to directly review agency decisions. The APA is codified at 5 U.S.C. §§ 500-596.

History

The APA was enacted on June 11, 1946, in response to the increasing number of federal agencies and the growing complexity of their functions. The Act was designed to ensure that these agencies remain accountable to the public and operate within the bounds of their statutory authority.

Provisions

The APA establishes the procedures for rulemaking, adjudication, and the issuance of licenses by federal agencies. It also provides standards for judicial review of agency actions.

Rulemaking

Rulemaking is the process by which federal agencies create new regulations. The APA requires agencies to follow a specific process, including:

• Notice of proposed rulemaking (NPRM)
• Opportunity for public comment
• Publication of the final rule in the Federal Register

Adjudication

Adjudication under the APA refers to the legal process by which an administrative agency resolves disputes. This can include:

• Formal adjudication, which involves a trial-like hearing before an administrative law judge (ALJ)
• Informal adjudication, which may not require a hearing

Judicial Review

The APA provides for judicial review of agency actions, allowing courts to set aside agency actions that are found to be:

• Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law
• Contrary to constitutional right, power, privilege, or immunity
• In excess of statutory jurisdiction, authority, or limitations, or short of statutory right
• Without observance of procedure required by law
• Unsupported by substantial evidence in cases subject to sections 556 and 557 of the APA or otherwise reviewed on the record of an agency hearing provided by statute
• Unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court

Impact

The APA has had a significant impact on the functioning of federal agencies and the development of administrative law in the United States. It has provided a framework for ensuring transparency, accountability, and public participation in the regulatory process.

See also

• Administrative law
• Federal Register
• Administrative law judge
• Notice of proposed rulemaking
• Judicial review