Legal Definitions - Administrative Procedure Act

The Administrative Procedure Act (APA) is a federal law that outlines the procedures for administrative law. This law governs how federal administrative agencies make rules and how they handle administrative litigation. The APA is codified in 5 U.S.C. §§ 551–559.

Here are some examples of how the APA applies to different types of administrative actions:

• Formal Rulemaking: This is the process by which an agency creates, amends, or repeals a rule. The APA provides specific procedures for formal rulemaking, which are outlined in 5 U.S.C. §§ 553, 556, and 557.
• Informal Rulemaking: This is a less formal process for creating, amending, or repealing a rule. The APA provides less specific procedures for informal rulemaking, which are outlined in 5 U.S.C. § 553.
• Formal Adjudication: This is the process by which an agency resolves a specific controversy between parties. The APA provides specific procedures for formal adjudication, which are outlined in 5 U.S.C. §§ 554, 556, and 557.
• Informal Adjudication: This is a less formal process for resolving a specific controversy between parties. The APA does not provide specific procedures for informal adjudication, but other laws or regulations may provide procedural protections.

These examples illustrate how the APA provides different procedures for different types of administrative actions. The APA helps ensure that federal administrative agencies follow a consistent and fair process when making rules or resolving disputes.