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The Administrative Procedure Act (APA), Pub. L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations, and it grants U.S. federal courts oversight over all agency actions. [2]
The California Administrative Procedure Act (APA) is a series of acts of the California Legislature first enacted 15 June 1945 that requires California state agencies to adopt regulations in accordance with its provisions. [1] It predates the federal Administrative Procedure Act that was enacted almost a year later on 11 June 1946.
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy."
Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971), is a landmark decision by the Supreme Court of the United States that established the basic legal framework for judicial review of the actions of administrative agencies. It substantially narrowed the Administrative Procedure Act's Section 701(a)(2) exception from judicial review ...
United States v. Florida East Coast Railway Co. (1973) - formal rule-making requires statute that requires "hearing on the record." Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. (1978) - courts may not impose additional procedural requirements on top of the APA in rule-making.
Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co., 463 U.S. 29 (1983), commonly known in U.S. administrative law as State Farm, is a United States Supreme Court decision concerning regulations requiring passive restraints in cars.
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Although it is not required by the US Constitution, NPRM is required and defined by the Administrative Procedure Act, section 553. [2] The US Congress created the requirement to enlighten agencies and to force them to listen to comments and concerns of people who will likely be affected by the regulation.