Administrative Procedure in the United States

Administrative Procedure Act (APA)

The Administrative Procedure Act (APA), 5 USC §500, et seq., establishes the governing framework of administrative law. It provides the procedures executive agencies can use to make rules and regulations, and the standards that court can use to review them.

Administrative Procedure Act

A federal statute that governs the procedures and practices of administrative law.

§ 3 of the APA, 5 USC § 552, addresses the procedural formalities that agencies must employ when making decisions. There is a distinction made between (i) general regulations made through the process of rulemaking and (ii) case-by-case decisions made through the process of adjudication.

§ 10 of the APA, 5 USC §§ 701-706, deals with judicial review of administrative agency decisions. Reviewing courts determine whether agency officials acted in compliance with relevant federal statutes and whether the agency’s actions were “arbitrary, capricious, or an abuse of discretion.”

Administrative Law

The are of Administrative includes laws (statutes), regulations, rules and legal principles governing the administration (both Federal and state) and regulation of government agencies (both Federal and state). Agencies have delegated power by Congress (or in the case of a state agency, the state legislature).

See also:
Justiciability for Review of Administrative Decisions
Scope of Review of Administrative Decisions
Integrity in the Administrative Process
Administrative Procedures Act
Judicial Review of Administrative Action

Administrative Procedure

In Legislation

Administrative Procedure in the U.S. Code: Title 22, Chapter 18, Subchapter VII

The current, permanent, in-force federal laws regulating administrative procedure are compiled in the United States Code under Title 22, Chapter 18, Subchapter VII. It constitutes “prima facie” evidence of statutes relating to Foreign Relations (including administrative procedure) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Education Programs of the US Code, including administrative procedure) by chapter and subchapter.

Administrative Procedure

In Legislation

Administrative Procedure in the U.S. Code: Title 5, Part I, Chapter 5

The current, permanent, in-force federal laws regulating administrative procedure are compiled in the United States Code under Title 5, Part I, Chapter 5. It constitutes “prima facie” evidence of statutes relating to Government Organization (including administrative procedure) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Government Agencies and Administrative Law of the US Code, including administrative procedure) by chapter and subchapter.

Administrative Procedure

In Legislation

Administrative Procedure in the U.S. Code: Title 5, Part I, Chapter 5, Subchapter II

The current, permanent, in-force federal laws regulating administrative procedure are compiled in the United States Code under Title 5, Part I, Chapter 5, Subchapter II. It constitutes “prima facie” evidence of statutes relating to Government Organization (including administrative procedure) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Government Agencies and Administrative Law of the US Code, including administrative procedure) by chapter and subchapter.