What is the Administrative Procedure Act?

The Administrative Procedure Act (APA) is a federal law that sets standards for how administrative agencies of the United States government can create, issue, and enforce regulations. In North Carolina, the Administrative Procedure Act is applicable to all agencies in the executive branch of government. The APA includes procedures for how agencies can issue public notices and hearings, and how they accept and consider public comments. Such procedures include the filing of petitions for rulemaking and the publication of proposed rules for a public comment period. The APA also sets forth procedures for contested cases, which are administrative adjudications in which parties appear before an administrative law judge to present their cases and arguments. Moreover, the APA provides agencies with the authority to issue final rules and regulations, and requires agencies to provide adequate notice of the proceedings to all affected parties. The provisions of the APA are binding on all administrative agencies, and any violations of the statute can be challenged in court. The Administrative Procedure Act is important for protecting the rights of citizens, ensuring that government agencies act with legal authority, and providing citizens with a means to contest administrative decisions. The APA helps to ensure that federal agencies adhere to rules of fairness and openness when they are making decisions that affect the public.

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What is the Administrative Procedure Act?

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