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How does the U.S. Administrative Procedure Act guide federal agency rule making?
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Administrative law
Cartoon depicting a uniformed Interstate Commerce Commission officer shining a large searchlight on U.S. railroad executive Edward Henry Harriman, who is struggling to carry a large load of packages and toy trains, some labeled “merger.”
The Administrative Procedure Act (APA) of 1946 establishes the framework for how federal agencies create and enforce regulations, ensuring transparency and accountability in the executive branch.
The APA guides rule making through several key requirements:
- Public Information: Agencies must keep the public informed regarding their organization, procedures, and rules.1
- Public Participation: The act mandates that agencies provide opportunities for public involvement in the rule-making process.1
- Procedural Standards: It prescribes uniform standards for both formal and informal rule making.1
- Informal Rule Making: Agencies must publish proposed rules and allow interested parties to respond, a process known as "notice and comment".1
- Formal Rule Making: This quasi-legislative process requires detailed hearings and rule making on the record.1
- Judicial Review: The APA restates the law of judicial review, ensuring that most agency decisions remain subject to court oversight.1
Additionally, later supplements allow for collaborative methods, such as negotiated rule making, where agencies seek consensus with interest groups to develop regulations.1