Administrative Procedure Act Flashcards, test questions and answers

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What is Administrative Procedure Act?

The Administrative Procedure Act (APA) is a United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the review of agency decisions by courts. The APA was enacted in 1946 and has been amended several times since then. The purpose of the APA is to provide uniform procedures and standards for all agencies when they are engaging in rulemaking, adjudication, or licensing. Specifically, it establishes procedures for issuing, amending, and revoking rules and regulations. It also sets up procedures governing hearings that are held before those rules go into effect or are changed. The APA further provides a mechanism for judicial review of final agency action taken pursuant to these rules and regulations. The APA has three main components: notice-and-comment rulemaking, adjudicative proceedings (hearings), and judicial review. Under notice-and-comment rulemaking, an agency must publish a notice of proposed rulemaking in the Federal Register outlining its intentions with regard to particular matters; this allows members of the public to comment on those proposed rules prior to their adoption by an agency into law or regulation. Adjudicative proceedings involve hearings held before an administrative law judge who makes decisions based on evidence presented at such hearings; these decisions can be appealed administratively or in court. Judicial review gives individuals who are affected by final agency action taken under laws established by Congress an opportunity to challenge those actions in court based on grounds such as abuse of discretion or violation of procedural rights afforded them during earlier stages of decision making processes established by agencies under the APA’s provisions In sum, the Administrative Procedure Act provides basic procedural rights to people affected by administrative actions taken pursuant to congressional statutes as well as providing mechanisms for judicial oversight over such actions so that they comply with constitutional requirements concerning due process rights afforded individuals when governmental entities take action against them based upon statutes passed by Congress creating legal obligations imposed upon citizens subject thereto.