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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."
Generally, each of these laws requires a process that includes (a) publication of the proposed rules in a notice of proposed rulemaking (NPRM), (b) certain cost-benefit analyses, (c) request for public comment and participation in the decision-making, and (d) adoption and publication of the final rule, via the Federal Register.
An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it (for authorization or legitimacy) for the delegation of the legislative body's power to take certain actions. [1] For example, enabling acts often establish government agencies to carry out specific government policies in a modern nation ...
In United States administrative law, an organic statute is a statute enacted by Congress that creates an administrative agency and defines its authorities and responsibilities. [1] Organic statutes may also impose administrative procedures on an agency that differ from the Administrative Procedure Act . [ 2 ]
Volumes 1 through 18, which have all the statutes passed from 1789 to 1875, are available on-line at the Library of Congress, here. In the list below, statutes are listed by X Stat. Y, where X is the volume of the Statutes at Large and Y is the page number, as well as either the chapter or Public Law number. See examples below.
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.
The body of law that governs agencies' exercise of rulemaking powers is called "administrative law", which derives primarily from the Administrative Procedure Act (APA) and decisions interpreting it. In addition to controlling "quasi-legislative" agency action, the APA also controls "quasi-judicial" actions in which an agency acts analogously ...
In the Netherlands administrative law provisions are usually contained in the various laws about public services and regulations. There is however also a single General Administrative Law Act (Algemene wet bestuursrecht or Awb), which is a rather good sample of procedural laws in Europe. It applies both to the making of administrative decisions ...