Administrative Procedure Act

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United States federal statute

The Administrative Procedure Act (APA) is a United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. It also sets up a process for the 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 increasing concerns about the growing power of federal agencies. The act was designed to ensure that agencies follow a standardized process when creating regulations, providing transparency and public participation in the rulemaking process.

Provisions

The APA establishes the following key procedures:

Rulemaking

The APA requires agencies to follow a specific process when creating new regulations, known as rulemaking. This process includes:

• Notice of proposed rulemaking (NPRM)
• Public comment period
• Final rule publication

Adjudication

The APA also sets forth procedures for adjudication, which is the legal process by which an agency resolves disputes. This includes:

• Formal adjudication
• Informal adjudication

Judicial Review

The APA provides for judicial review of agency actions, allowing courts to review the legality of agency decisions. Courts can set aside agency actions that are found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law."

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 that agency actions are transparent, accountable, and subject to public participation and judicial oversight.

Related Pages

• Administrative law
• Federal Register
• Code of Federal Regulations
• United States federal administrative law
• Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

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