The Administrative Procedure Act (APA) establishes basic rules for how many federal agencies operate, make regulations, and face judicial oversight. This lesson introduces the law’s origins, the institutions it covers, and its core purposes.
During the New Deal, President Franklin D. Roosevelt and Congress created federal agencies to address the social and economic challenges of the Great Depression. As agencies gained authority to make rules and decide disputes, Congress became concerned about how to standardize and oversee their work.
All flashcards
Administrative Procedure Act (APA)
A 1946 federal statute that sets common procedural requirements for many federal agencies and provides a framework for judicial review.
APA Section 702
Waives sovereign immunity for certain lawsuits against federal agencies seeking non-monetary relief, subject to legal requirements.
Rulemaking and adjudication
Rulemaking creates rules generally applicable beyond a single dispute; adjudication resolves particular matters involving disputes or rights and obligations.
APA agency definition
The definition broadly covers U.S. government authorities but excludes specified bodies, including Congress, federal courts, and territorial governments; courts have held the president is not an agency.
APA’s basic purposes
Inform the public, allow participation in rulemaking, establish standards for formal procedures, and define the scope of judicial review.
Quiz questions
Which feature may be part of formal adjudication under the APA?Answer: A trial-like proceeding with testimony, a written record, and a final decision
For many agency actions not subject to formal trial-like procedures, which standard may a court use to set the action aside?Answer: Arbitrary-and-capricious review, including whether the action is otherwise contrary to law
When reviewing formal rulemaking or formal adjudication under the standard described here, what does a court assess?Answer: Whether substantial evidence supports the decision, considering the whole record
How are promulgated federal rules organized in the Code of Federal Regulations?Answer: By subject
What role can the Office of Information and Regulatory Affairs play in federal regulation?Answer: It can participate in presidential review of regulatory proposals