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The Administrative Procedure Act

15 January, 2016 - 09:30

LEARNING OBJECTIVES

  1. Understand why the Administrative Procedure Act was needed.
  2. Understand how hearings are conducted under the act.
  3. Understand how the act affects rulemaking by agencies.

In 1946, Congress enacted the Administrative Procedure Act (APA). This fundamental statute detailed for all federal administrative agencies how they must function when they are deciding cases or issuing regulations, the two basic tasks of administration. At the state level, the Model State Administrative Procedure Act, issued in 1946 and revised in 1961, has been adopted in twenty-eight states and the District of Columbia; three states have adopted the 1981 revision. The other states have statutes that resemble the model state act to some degree.