5
Administrative Procedure Act
A
A
P
BASICS
Basics
1
Sources of Administrative Law
Review
Constitution
Statutes
Common Law
Executive Orders
Rules & Regulations
Enabling Statutes & APA
Enabling Statues
Create administrative agencies
APA
5 U.S.C. ch. 5, subch. I § 500 et seq.
Federal statute (law) which describes how federal agencies must do their business
Rulemaking
APA
5 U.S.C. ch. 5, subch. I § 500 et seq.
Adjudication and other procedures
Appeals to courts
Purpose of APA
To ensure that agencies keep the public informed of their organization, procedures & rules
To provide for public participation in the rulemaking process
Purpose of APA
To prescribe uniform standards for rulemaking, licensing and adjudicatory proceedings
To restate the role of judicial review
The Definitions
Agency
...each authority of the government or the United States whether or not it is within or subject to review by another agency, but doesn't include...
Agency
Person
Individual, partnership, corporation, association, or public or private organization other than an agency
Rule & Rulemaking
An agency's statement designed to implement, interpret or prescibe law or policy
Agency's process for formulating, amending or repealing a rule
Key Provisions
Rulemaking
Adjudication
Judicial Review
Power of courts review actions of other governmental entities
Scope of Review
The reviewing court shall decide "all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning of applicability of the terms of an agency action".
Standards of Review
Substantial evidence
Standards of Review
Arbitrary & Capricious
Statutory interpretation
Substantial Evidence
Courts uphold agency actions on rulemaking & adjudication if they are reasonable and supported by substantial evidence
Arbitrary & Capricious
Courts consider whether agency decision was based on a condideration of relevant facts or whether there had been a clear error of judgment
Statutory Interpretation
Has Congress spoken to the precise nature of the issue?
Statutory Interpretation
If not, is the agency's action based on a permissble construction of the statute