The Administrative Procedure Act (codified at 5 U.S.C. §551-559) is the skeleton of administrative law. It establishes procedural requirements for how federal agencies must act when making rules and deciding cases. The APA doesn't create any agency or grant substantive powers; instead, it constrains how agencies exercise whatever authority Congress delegated to them.
For rulemaking, the APA requires notice-and-comment procedure: agencies must publish proposed rules in the Federal Register, explain the legal basis and practical reasons, accept written comments from the public for a minimum period (typically 30-60 days), respond to significant comments, and issue a final rule with a reasoned explanation. This creates a public record and allows affected parties to influence agency decisions before rules take effect. For adjudication—agency hearings to resolve specific disputes—the APA requires notice, opportunity to respond, and written decisions. Formal proceedings are rare; most agencies use informal adjudication, which the APA doesn't regulate tightly, leaving those standards to individual agency statutes or constitutional due process.
The APA reflects competing values: it gives agencies flexibility to develop expertise and adapt rules to changing circumstances, but it also creates opportunities for public participation and judicial review. Critics argue notice-and-comment is theater—organized interests dominate; ordinary citizens rarely comment. Defenders say even limited input improves rule quality and legitimacy. Courts enforce APA procedures: if an agency skips notice-and-comment or fails to explain its reasoning, a judge can set aside the rule even if the rule itself is wise policy.
The APA determines how much public voice and judicial oversight constrain agency power. It's the procedural law that shapes whether agencies serve the public or narrow interests, and whether rules rest on solid reasoning or arbitrary whims.
Some think the APA grants agencies power. It doesn't—Congress creates agency authority. The APA just sets procedural guardrails: how agencies must develop rules, when they must listen to the public, and when courts can reverse them.
The APA determines how much public voice and judicial oversight constrain agency power. It's the procedural law that shapes whether agencies serve the public or narrow interests, and whether rules rest on solid reasoning or arbitrary whims.
Some think the APA grants agencies power. It doesn't—Congress creates agency authority. The APA just sets procedural guardrails: how agencies must develop rules, when they must listen to the public, and when courts can reverse them.