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Simple English definitions for legal terms
Administrative Procedure Act (APA)
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A quick definition of Administrative Procedure Act (APA):
The Administrative Procedure Act (APA) is a law that tells the government how to make rules and regulations. It helps make sure that the government is fair and transparent when making decisions that affect people. The APA also gives people the right to participate in the decision-making process by allowing them to comment on proposed rules and regulations. This law is important because it helps protect people's rights and ensures that the government is accountable to the public.
A more thorough explanation:
The Administrative Procedure Act (APA) is a federal law that governs the way administrative agencies of the federal government operate. It was enacted in 1946 and has been amended several times since then. The APA sets out the procedures that agencies must follow when making rules, conducting investigations, and adjudicating disputes.
For example, if the Environmental Protection Agency (EPA) wants to create a new regulation to limit air pollution, it must follow the procedures set out in the APA. This includes publishing a notice of proposed rulemaking in the Federal Register, allowing for public comment, and holding public hearings if necessary. The EPA must also provide a reasoned explanation for its decision to adopt the new regulation.
The APA also provides for judicial review of agency actions. If a person or organization is adversely affected by an agency decision, they can challenge that decision in court. The court will review the decision to ensure that the agency followed the procedures set out in the APA and that its decision was not arbitrary or capricious.
Overall, the APA is an important law that helps ensure that federal agencies operate in a transparent and accountable manner.