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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."
According to Hickman & Pierce, it is one of the most important pieces of United States administrative law, and serves as a sort of "constitution" for U.S. administrative law. [3] The APA applies to both the federal executive departments and the independent agencies. [4]
In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable (under Canadian law, following the rejection of the "Patently Unreasonable" standard by the Supreme Court in Dunsmuir v New Brunswick), Wednesbury unreasonable (under British law), or arbitrary and capricious ...
Accordingly, there is a local administrative court of first instance, possibly an appeals court and a Supreme Administrative Court separate from the general Supreme Court. The parallel system is found in countries like Austria, Egypt, Greece, Germany, France, Italy, some of the Nordic Countries, Portugal, Taiwan and others. In France, Greece ...
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.
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths , take testimony , rule on questions of evidence , and make factual and legal determinations.
Judges who staff them normally serve terms of fixed duration, as do magistrate judges. Judges in Article I tribunals attached to executive branch agencies are referred to as administrative law judges (ALJs) and are generally considered to be part of the executive branch even though they exercise quasi-judicial powers. With limited exceptions ...
Instead, under U.S. administrative law, to ask the court to order changes in a rule, a party must argue that the rule is: Arbitrary and capricious and/or unsupported by the record. Most frequently, objectors will argue that, even if the judge is not an expert, the judge can tell that there is an obvious gap in the agency's data or analysis.