Administrative Procedure Act (APA) (Documents)

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For the project report click here: https://www.acus.gov/report/project-report-recommendation-91-2

 

The Export Administration Act (EAA), 50 U.S.C. App 2401-2420, authorizes the Commerce Department to restrict exports of goods and technology from the United States in the interests of national security,...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-92-1

 

The Administrative Procedure Act, 5 U.S.C. 553, establishes the procedural requirements for notice-and-comment rulemaking. It requires that an agency generally publish notice and provide opportunity for...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-92-2

 

This recommendation addresses use of agency policy statements. Policy statements fall within the category of agency actions that are “rules” within the Administrative Procedure Act’s definition because...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-93-1

 

Since 1972, the Administrative Conference has been encouraging the use of administratively imposed civil money penalties as an enforcement tool. In Recommendation 72-6, the Conference recommended Congress...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-93-4

 

Informed observers generally agree that the rulemaking process has become both increasingly less effective and more time-consuming. The Administrative Procedure Act does not reflect many of the current...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-83-2

 

The Administrative Procedure Act (APA) provides for public participation in agency rulemaking. The Act’s minimum requirements for informal rulemaking are notice and an opportunity to comment on proposed...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-83-3

 

This recommendation is addressed to the organizational structures which agencies establish to review decisions of presiding officers (ordinarily, administrative law judges) in proceedings governed by...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-77-3

 

In Recommendation 72-5 the Conference expressed the view that, generally, agency rulemaking is preferably carried out through the simple, flexible and efficient procedures of 5 U.S.C. § 553. That statute...

For the project report click here: https://www.acus.gov/report/project-report-recommendation-74-1

 

The present recommendation implements, and somewhat expands, the statement of principle adopted by the Conference in June 1973 with respect to the American Bar Association’s Resolution No. 10 concerning...