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Encyclopedia > Administrative Procedure Act

The federal Administrative Procedures Act (APA) of 1946 governs the way in which administrative agencies of the United States federal government may propose and establish regulations. The APA also sets up a process for federal courts to directly review agency decisions. As such, it is an important source of authority within federal American administrative law. The APA applies to both independent agencies and executive department agencies, and their subdivisions. U.S. Senator Pat McCarran called the APA "a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated" by federal government agencies. The text of the APA can be found under Title 5 of the United States Code, beginning at Section 500. An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... This article describes the government of the United States. ... This article describes the government of the United States. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... The administrative law of the United States encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies in the United States. ... Independent agencies of the United States government are those that exist outside of the departments of the executive branch. ... The United States Federal Executive Departments are among the oldest primary units of the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all being established within a few weeks of each other in 1789. ... The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ... Pat McCarran Patrick Anthony McCarran (August 8, 1876 – September 28, 1954) was a Nevada senator for 22 years and noted for his strong anti-Communist stance. ... This article describes the government of the United States. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal law of the United States. ...

Contents

Historical background: growth of federal administrative agencies

The APA was enacted during a period of federal regulatory expansion, created by President Franklin D. Roosevelt's New Deal legislation. This postage stamp commemorates some federal agencies formed as part of the New Deal.

The APA was enacted to review the modus operandi acceptable during a period of expanding federal governmental power, following the Great Depression and World War II. Beginning in 1933, Roosevelt and the Democratic Congress enacted several statutes that created new federal agencies. The statutes were part of Roosevelt’s New Deal legislative plan designed to deliver the United States from the social and economic hardship of the Great Depression. USPS Stamp - Celebrate the Century - 1930s - New Deal This image is a postage stamp produced by the United States Postal Service after 1978. ... USPS Stamp - Celebrate the Century - 1930s - New Deal This image is a postage stamp produced by the United States Postal Service after 1978. ... FDR redirects here. ... Modus operandi (often used in the abbreviated form MO) is a Latin phrase, approximately translated as mode of operation. ... This article describes the government of the United States. ... For other uses, see The Great Depression (disambiguation). ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... Year 1933 (MCMXXXIII) was a common year starting on Sunday (link will display full calendar) of the Gregorian calendar. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  Politics Portal      Further information: Politics of the United States#Organization of American political parties The Democratic... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... This article describes the government of the United States. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... The New Deal was the title President Franklin D. Roosevelt gave to the series of programs he initiated between 1933 and 1938 with the goal of providing relief, recovery, and reform (3 Rs) to the people and economy of the United States during the Great Depression. ... For other uses, see The Great Depression (disambiguation). ...


In a law journal article on the history of the APA, Fierce Compromise: The Administrative Procedure Act Emerges from New Deal Politics, 90 Nw. Univ. L. Rev. 1557 (1996), professor George Shepard discusses the contentious political environment from which the APA was born. Shepard claims that Roosevelt’s opponents and supporters fought over passage of the APA "in a pitched political battle for the life of the New Deal" itself. (Ibid at 1562.) Shepard does note, however, that a legislative balance was struck with the APA, expressing "the nation’s decision to permit extensive government, but to avoid dictatorship and central planning." (Ibid at 1559.) Forms of government Part of the Politics series Politics Portal This box:      A dictatorship is an autocratic form of government in which the government is ruled by a dictator. ... A planned economy is an economic system in which decisions about the production, allocation and consumption of goods and services are planned ahead of time, usually in a centralized fashion, though some proposed systems favour decentralized planning. ...


A 1946 U.S. House of Representatives report discusses the 10-year period of "painstaking and detailed study and drafting" that went into the APA. (See Administrative Procedure Act, Report of the House Judiciary Committee, No. 1989, 79th Congress, 1946, at 8). Because of rapid growth in the administrative regulation of private conduct, Roosevelt ordered several studies of administrative methods and conduct during the early part of his four-term presidency. (Ibid.) Based on one study, Roosevelt commented that the practice of creating administrative agencies with the authority to perform both legislative and judicial work "threatens to develop a fourth branch of government for which there is no sanction in the Constitution." The United States House of Representatives (or simply the House) is one of the two chambers of the United States Congress; the other is the Senate. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ...


In 1939, Roosevelt requested that Attorney General Frank Murphy form a committee to investigate practices and procedures in American administrative law and suggest improvements. That committee's report, The Final Report of the Attorney General's Committee on Administrative Procedure (Senate Document No. 8, 77th Congress, First Session, 1941) (see external link to the Final Report's text below), contains detailed information about the development and procedures of the federal agencies. For the Australian rules footballer, see Frank Murphy (footballer). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... This article describes the government of the United States. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ...


The Final Report defined a federal agency as a governmental unit with "the power to determine . . . private rights and obligations" by rulemaking or adjudication. (Ibid at 7.) The Final Report applied that definition to the largest units of the federal government, and identified "nineteen executive departments and eighteen independent agencies." (Ibid.) If various subdivisions of the larger units were considered, the total number of federal agencies at that time increased to 51. In reviewing the history of U.S. government agencies, the Final Report noted that almost all agencies had undergone changes in name and political function. This article describes the government of the United States. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ... Adjudication is the legal process by which a arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. ... The United States Federal Executive Departments are among the oldest primary units of the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all being established within a few weeks of each other in 1789. ... Independent agencies of the United States government are those that exist outside of the departments of the executive branch. ... This article describes the government of the United States. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... Motto: (Out Of Many, One) (traditional) In God We Trust (1956 to date) Anthem: The Star-Spangled Banner Capital Washington D.C. Largest city New York City None at federal level (English de facto) Government Federal constitutional republic  - President George Walker Bush (R)  - Vice President Dick Cheney (R) Independence from... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ...


Of the 51 federal agencies discussed in the Final Report, 11 were created by statute in the period prior to the Civil War. In the period from 1865 to 1900, six new agencies were created. Most notable was the formation of the Interstate Commerce Commission, created in 1887 in response to widespread criticism of the railroad industry. The period of 1900 to 1940, however, saw the greatest expansion of federal administrative power - with 35 new agencies created by statute. 18 of these were created during the 1930s, from statutes enacted as part of Roosevelt’s New Deal legislative agenda. The Final Report made several recommendations about standardizing administrative procedures, but Congress delayed action because the U.S. entered World War Two. This article describes the government of the United States. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... 1865 (MDCCCLXV) is a common year starting on Sunday. ... Äž: For the film, see: 1900 (film). ... The Interstate Commerce Commission (or ICC) was a regulatory body in the United States created by the Interstate Commerce Act of 1887, which was signed into law by President Grover Cleveland. ... 1887 (MDCCCLXXXVII) is a common year starting on Saturday (click on link for calendar) of the Gregorian calendar or a common year starting on Monday of the Julian calendar. ... This is the top-level page of WikiProject trains Rail tracks Rail transport refers to the land transport of passengers and goods along railways or railroads. ... Äž: For the film, see: 1900 (film). ... Year 1940 (MCMXL) was a leap year starting on Monday (link will display the full 1940 calendar) of the Gregorian calendar. ... Face The 1930s (years from 1930–1939) were described as an abrupt shift to more radical and conservative lifestyles, as countries were struggling to find a solution to the Great Depression, also known in Europe as the World Depression. ... The New Deal was the title President Franklin D. Roosevelt gave to the series of programs he initiated between 1933 and 1938 with the goal of providing relief, recovery, and reform (3 Rs) to the people and economy of the United States during the Great Depression. ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... For other uses, see United States (disambiguation) and US (disambiguation). ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000...


The Committee on the Judiciary of the U.S. House of Representatives is currently undertaking a Administrative Law, Process and Procedure Project to determine what, if any, changes need to be made to the Administrative Procedure Act. The Administrative Law, Process and Procedure Project (the Project) is a bipartisan undertaking of the Committee on the Judiciary of the House of Representatives of the United States Congress. ...


Basic purposes of the APA

Agencies are unique governmental bodies, exercising powers characteristic of all three branches of the United States federal government: judicial, legislative and executive. As recognized by President Franklin D. Roosevelt and others, the creation and function of federal agencies can cause separation of powers issues under the United States Constitution. To provide constitutional safeguards, the APA creates a framework for regulating agencies and their unique role. According to the Attorney General's Manual on the Administrative Procedure Act (1947) (see external link to the Manual's text below), drafted after the 1946 enactment of the APA, the basic purposes of the APA are: (1) to require agencies to keep the public informed of their organization, procedures and rules; (2) to provide for public participation in the rulemaking process; (3) to establish uniform standards for the conduct of formal rulemaking and adjudication; (4) to define the scope of judicial review. This article describes the government of the United States. ... Separation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...


The APA's provisions apply to many federal governmental institutions. The APA in section 551(1) defines an "agency" as "each authority of the Government of the United States, whether or not it is within or subject to review by another agency," with the exception of several enumerated authorities, including the U.S. Congress, U.S. courts, and governments of territories or possessions of the United States. Courts have also held that the U.S. President is not an agency under the APA. Franklin v. Mass., 505 U.S. 788 (1992). The Congress of the United States is the legislative branch of the federal government of the United States of America. ... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ...


The Final Report organized federal administrative action into two parts: adjudication and rulemaking. (p. 5) Agency adjudication was broken down further into two distinct phases of formal and informal adjudication. (Ibid.) Formal adjudication involved a trial-like hearing with witness testimony, a written record and a final decision. Under informal adjudication, however, agency decisions are made without formal trial-like procedures, using "inspections, conferences and negotiations" instead. (Ibid.) Because formal adjudication produces a record of proceedings and a final decision, it may be subject to judicial review. As for rulemaking resulting in agency rules and regulations, the Final Report noted that many agencies provided due process through hearings and investigations, but there was a need for well-defined, uniform standards for agency adjudication and rulemaking procedures. Adjudication is the legal process by which a arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. ... In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... Adjudication is the legal process by which a arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... It has been suggested that Judicial Review in English Law be merged into this article or section. ...


APA's standard of judicial review

APA requires that in order to set aside agency action, the court must conclude that the regulation is "arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with the law."


Publication of regulations

Rules and regulations issued by federal administrative agencies are published chronologically (by date of issuance) in the Federal Register. Rules and regulations are then organized by topic (subject matter) in a separate publication called the Code of Federal Regulations. In comparing publication of regulations to publication of statutes, the Federal Register is analogous to the United States Statutes at Large and the Code of Federal Regulations is analogous to the United States Code. The Federal Register contains most routine publications and public notices of United States government agencies. ... The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. ... The United States Statutes at Large, commonly referred to as the Statutes at Large, is the official source for the laws and resolutions passed by Congress. ... The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal law of the United States. ...


See also

A notice of proposed rulemaking or NPRM is issued by law when a regulatory agency of the United States Federal Government wishes to add, remove, or change a rule (or regulation). ... The administrative law of the United States encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies in the United States. ... The Administrative Law, Process and Procedure Project (the Project) is a bipartisan undertaking of the Committee on the Judiciary of the House of Representatives of the United States Congress. ... There are very few or no other articles that link to this one. ...

External links


  Results from FactBites:
 
NY State Administrative Procedures Act (SAPA) (482 words)
The legislature hereby finds and declares that the administrative rule making, adjudicatory and licensing processes among the agencies of state government are inconsistent, lack uniformity and create misunderstanding by the public.
This act guarantees that the actions of administrative agencies conform with sound standards developed in this state and nation since their founding through constitutional, statutory and case law.
It is further found that in the public interest it is desirable for state agencies to meet the requirements imposed by the administrative procedure act.
  More results at FactBites »

 
 

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