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Administrative Procedure Act Essentials

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Subpoena Powers

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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.

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Enabling Act

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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.

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Chevron Deference

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A judicial doctrine stating that courts should defer to agency interpretations of statutes that they administer unless such interpretations are unreasonable.

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Final rule

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The official document published in the Federal Register that codifies an agency's new regulations after the notice-and-comment period has concluded.

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Record of Decision (ROD)

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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.

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Notice-and-comment rulemaking

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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.

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Ripeness

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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.

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Ex Parte Communications

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Communications between agency decision-makers and interested parties outside the administrative record, often prohibited during the notice-and-comment period.

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Adjudication

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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.

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Freedom of Information Act (FOIA)

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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.

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Skidmore Deference

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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.

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Scope of Agency Authority

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The boundaries within which an agency must operate as defined by statutes, including limitations on jurisdiction, subject matter, and the exercise of power.

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Administrative Procedure Act (APA)

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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.

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Judicial Review

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The process by which courts examine the actions of federal administrative agencies to determine if they are consistent with the law, including the APA.

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Arbitrary and Capricious Test

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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.

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Regulatory Impact Analysis

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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.

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Standards of Review

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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.

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Administrative Law Judge (ALJ)

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An official who presides over administrative adjudications, making recommendations or decisions that can be appealed to higher agency levels or judicial courts.

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Substantial Evidence

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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.

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Open Meeting Requirement

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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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