The Administrative Procedure Act (APA) made a big difference in how formal adjudications are made. However, that law was enacted in 1946.
· Based on the readings, does this law require an update? Why or why not?
· If it does require an update, provide suggestions for how it should be updated. If it should stay as-is, provide examples for why it’s important that it remain unchanged.
The Administrative Procedure Act (APA) governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking. The APA requires most rules to have a 30-day delayed effective date.
In addition to setting forth rulemaking procedures, the APA addresses other agency actions such as issuance of policy statements, licenses, and permits. It also provides standards for judicial review if a person has been adversely affected or aggrieved by an agency action.
Administrative Procedure Act (APA), U.S. law, enacted in 1946, that stipulates the ways in which federal agencies may make and enforce regulations. The APA was the product of concern about the rapid increase in the number of powerful federal agencies in the first half of the 20th century, particularly during the administration of President Franklin D. Roosevelt, who created a number of agencies to implement his New Deal social and economic programs.
Agencies are extensions of the executive branch of government that have the ability to make, interpret, and enforce rules and regulations. Because they are unelected and arguably combine executive, legislative, and judicial functions, agencies have been criticized as undermining the separation of powers between the three branches of government.
Defenders of agencies have argued that potential abuses can be prevented by Congress, which supervises the work of federal agencies, and by the judiciary, which reviews their administrative actions. In any event, agencies serve an important practical purpose because they can address problems more quickly and in more detail than Congress can. Often they are called upon to apply specific scientific, technical, or administrative expertise to implement the broad policy decisions made by Congress.