Administrative Procedure Act Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Administrative Procedure Act, written in plain English, along with examples of how it is used.

What is Administrative Procedure Act?

n. it is an act of 1946, brought out in USA, to define ways in which administrative agencies the federal government may propose and establish regulations for applications, claims, hearings and appeals that involve government agencies.

History and Meaning of Administrative Procedure Act

The Administrative Procedure Act (APA) was passed in 1946 in the United States. Its purpose was to provide uniform procedures for governmental agencies to use when carrying out their responsibilities. The APA defines the process for rulemaking, adjudication, and judicial review. It also provides for public participation in the rulemaking process, establishes procedures for agency hearings, and sets standards for judicial review of agency actions.

The APA is a cornerstone of administrative law in the United States. It outlines procedures for federal agencies to follow which are designed to increase transparency, fairness, and due process in government decision-making. The act sets out the basic framework for how federal agencies interact with the public and stakeholders, and how those agencies make decisions that have an impact on individuals and businesses.

Examples of Administrative Procedure Act

  1. The EPA must follow the procedures outlined in the APA when proposing new regulations on air quality.
  2. An individual who disagrees with a decision made by the Social Security Administration can request an administrative hearing under the APA.
  3. The APA requires federal agencies to provide notice and an opportunity for public comment before finalizing new regulations.
  4. If CMS denies a hospital's application to participate in the Medicare program, the hospital can request a hearing under the APA.
  5. A federal court may review an agency action under the APA if it finds that the action was arbitrary, capricious, an abuse of discretion, or not in accordance with law.

Legal Terms Similar to Administrative Procedure Act

  1. Due Process - the legal requirement that the government must respect all legal rights that are owed to a person.
  2. Rulemaking - the process by which an agency develops, proposes, and finalizes rules that have the force of law.
  3. Adjudication - a process by which an administrative agency hears and decides disputes between different parties.
  4. Hearing - a formal proceeding where evidence and arguments are presented to an administrative agency for a decision.
  5. Judicial Review - the process by which a court reviews an administrative agency's decision to ensure that it is consistent with the law and the Constitution.