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Administrative Procedure Act Essentials
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Subpoena Powers
The authority granted by the APA to agencies to demand the testimony of witnesses or the production of documents as part of their investigative or adjudicative processes.
Enabling Act
A statute that creates a new agency or empowers an existing agency to take certain action, defining its purposes, functions, and procedural requirements under the APA.
Chevron Deference
A judicial doctrine stating that courts should defer to agency interpretations of statutes that they administer unless such interpretations are unreasonable.
Final rule
The official document published in the Federal Register that codifies an agency's new regulations after the notice-and-comment period has concluded.
Record of Decision (ROD)
The formal documentation of an agency's decision-making process, which includes findings of fact, conclusions of law, and the rational basis for the decision.
Notice-and-comment rulemaking
A process required by the APA in which federal agencies must provide public notice of proposed rulemaking and an opportunity for the public to comment before a rule can be finalized.
Ripeness
A legal concept under the APA that requires a court to dismiss a case challenging federal agency action that is not final or lacks legal consequences.
Ex Parte Communications
Communications between agency decision-makers and interested parties outside the administrative record, often prohibited during the notice-and-comment period.
Adjudication
An APA process in which agencies resolve disputes, typically involving a hearing before an administrative law judge where evidence is presented and legal arguments are made.
Freedom of Information Act (FOIA)
A law that works in conjunction with the APA, requiring federal agencies to provide access to their records to any person unless the records are protected from disclosure by FOIA exemptions.
Skidmore Deference
A judicial doctrine that suggests courts should give some deference to informal agency interpretations of statutory language, depending on the thoroughness, validity, consistency, and other convincing aspects of the interpretation.
Scope of Agency Authority
The boundaries within which an agency must operate as defined by statutes, including limitations on jurisdiction, subject matter, and the exercise of power.
Administrative Procedure Act (APA)
The APA is a federal statute that governs the process by which federal agencies develop and issue regulations, and it includes requirements for agency adjudications, rulemaking, and the availability of judicial review.
Judicial Review
The process by which courts examine the actions of federal administrative agencies to determine if they are consistent with the law, including the APA.
Arbitrary and Capricious Test
A standard of review where a court may set aside agency actions, findings, and conclusions if they are arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
Regulatory Impact Analysis
The process agencies are often required to follow under the APA to assess the costs and benefits of a proposed rule, considering its potential economic, health, and safety impacts.
Standards of Review
The criteria set by the APA and used by courts to evaluate the legality of agency actions, including 'arbitrary and capricious' and 'substantial evidence' tests.
Administrative Law Judge (ALJ)
An official who presides over administrative adjudications, making recommendations or decisions that can be appealed to higher agency levels or judicial courts.
Substantial Evidence
A standard of review under the APA that requires a court to affirm an agency's factual findings if they are supported by substantial evidence on the record as a whole.
Open Meeting Requirement
A provision under the APA that requires most meetings of certain federal agencies to be held in public and proper notice of such meetings to be given.
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