Administrative Procedure Act information

Administrative Procedure Act of 1946
Long title	An Act to improve the administration of justice by prescribing fair administrative procedure.
Acronyms (colloquial)	APA
Enacted by	the 79th United States Congress
Effective	June 11, 1946
Citations
Public law	79-404
Statutes at Large	60 Stat. 237
Codification
Titles amended	5 U.S.C.: Government Organization and Employees
U.S.C. sections created	5 U.S.C. ch. 5, subch. I § 500 et seq.
Legislative history
	Introduced in the Senate as S. 7 by Patrick McCarran (D–NV) on October 19, 1945; Committee consideration by Senate Judiciary Committee, House Judiciary Committee; Signed into law by President Harry S. Truman on June 11, 1946;
Major amendments
	Freedom of Information Act; Recodified by Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383
United States Supreme Court cases
	Citizens to Preserve Overton Park v. Volpe; Vermont Yankee Nuclear Power Corp. v. NRDC; Sierra Club v. Morton; Norton v. Southern Utah Wilderness Alliance; Department of Homeland Security v. Regents of the University of California; Heckler v. Chaney

The Administrative Procedure Act (APA), Pub. L.Tooltip Public Law (United States) 79–404, 60 Stat. 237, enacted June 11, 1946, is the 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, and it grants U.S. federal courts oversight over all agency actions.^[2] According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law.^[3]

The APA applies to both the federal executive departments and the independent agencies.^[4] 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.

There is a similar Model State Administrative Procedure Act (Model State APA), which was drafted by the National Conference of Commissioners on Uniform State Laws for oversight of state agencies.^[5] Not all states have adopted the model law wholesale, as of 2017. The federal APA does not require systematic oversight of regulations prior to adoption, unlike the Model APA.^[6] Each US state has passed its own version of the Administrative Procedure Act.^[7]

^ Hall, D: Administrative Law Bureaucracy in a Democracy 4th Ed., page 2. Pearson, 2009.
^ 5 USC §706
^ Hickman, Kristin E. (2014). Federal administrative law : cases and materials. Richard J., Jr. Pierce (2nd ed.). St. Paul, MN. ISBN 978-1-60930-337-2. OCLC 904506231.{{cite book}}: CS1 maint: location missing publisher (link)
^ Garvey, Todd (2017-03-27). A Brief Overview of Rulemaking and Judicial Review (PDF) (Report). Washington, D.C.: U.S. Congressional Research Service. R41546.
^ Vértesy, László (2013). "The Model State Administrative Procedure Act in the USA" (PDF). De Iurisprudentia et Iure Publico.
^ (2007). OVERSIGHT AND INSIGHT: LEGISLATIVE REVIEW OF AGENCIES AND LESSONS FROM THE STATES Archived February 22, 2010, at the Wayback Machine. Harvard Law Review.
^ Yackee, Susan Webb (2019). "The Politics of Rulemaking in the United States". Annual Review of Political Science. 22: 37–55. doi:10.1146/annurev-polisci-050817-092302.

[adminlaw-1] Hall, D: Administrative Law Bureaucracy in a Democracy 4th Ed., page 2. Pearson, 2009.

[2] 5 USC §706

[3] Hickman, Kristin E. (2014). Federal administrative law : cases and materials. Richard J., Jr. Pierce (2nd ed.). St. Paul, MN. ISBN 978-1-60930-337-2. OCLC 904506231.{{cite book}}: CS1 maint: location missing publisher (link)

[4] Garvey, Todd (2017-03-27). A Brief Overview of Rulemaking and Judicial Review (PDF) (Report). Washington, D.C.: U.S. Congressional Research Service. R41546.

[5] Vértesy, László (2013). "The Model State Administrative Procedure Act in the USA" (PDF). De Iurisprudentia et Iure Publico.

[6] (2007). OVERSIGHT AND INSIGHT: LEGISLATIVE REVIEW OF AGENCIES AND LESSONS FROM THE STATES Archived February 22, 2010, at the Wayback Machine. Harvard Law Review.

[7] Yackee, Susan Webb (2019). "The Politics of Rulemaking in the United States". Annual Review of Political Science. 22: 37–55. doi:10.1146/annurev-polisci-050817-092302.

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General
Rulemaking Notice of proposed rulemaking Adjudication Administrative law judge Code of Federal Regulations Federal Register
Statutory framework
Administrative Procedure Act Freedom of Information Act NEPA GSA NEA IGA RFA PRA UMRA CRA FVRA
Regulatory coordination
Office of Information and Regulatory Affairs Administrative Conference Executive orders Cost–benefit analysis (Executive Order 12866)
Judicial review of agency action
Arbitrary and capricious State Farm Chevron deference Auer deference Committed to agency discretion Due process Londoner Bi-Metallic Goldberg Mathews Exhaustion Major questions doctrine Nationwide injunction Ripeness Abbott Labs Standing Lujan
Separation of powers
Appointments Clause Freytag Noel Canning Congressional oversight Authorization Organic statute Appropriation Hearings Senate confirmation Independent agencies Humphrey's Executor Seila Law Unitary executive theory Legislative veto Chadha Nondelegation
Related areas of law (and agencies)
Antitrust and competition FTC CPSC CFPB Banking Treasury OCC FDIC FRB Communication FCC Energy DOE FERC Environment EPA FWS Food FDA CDC Health care HHS Immigration DHS EOIR Labor DOL NLRB Patent/trademark PTO Securities SEC CFTC Taxation IRS TC Trade DOC ITC Transportation DOT STB NTSB Social Security SSA
Related topics
Constitutional law Statutory interpretation
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