What is the Administrative Procedure Act?

The Administrative Procedure Act (APA) is a set of federal laws passed in 1946 designed to ensure agency or administrative action is consistent with the law, is conducted fairly, and allows for public comment and review. In South Carolina, the Administrative Procedures Act of 1997 establishes a framework for state agencies to review and revise their regulations. It ensures that all agencies follow a set standard of procedures when making decisions that may affect the public. The Administrative Procedure Act requires that agencies publish a notice of proposed rule making, or NPRM, in the Federal Register. This public notice provides an opportunity for citizens to submit comments on the proposed regulation. After the agency has reviewed these comments, called a "comment period", the agency must publish a final rule in the Federal Register. A review period of 30 to 45 days will follow to allow for challenges to the regulation and any subsequent modifications. The Administrative Procedure Act also requires agencies to provide an opportunity for citizens to submit a petition for rule making. This petition requires the agency to consider an amendment or repeal of a current regulation. The agency can reject the petition, but must still provide an explanation for why it rejected the request. Finally, the Administrative Procedure Act outlines the procedures for filing a complaint with the agency. This is called a "petition for review" and allows citizens to challenge any agency action they deem to be inconsistent with the law. The agency then has 120 days to respond to the complaint, and it must provide an explanation for why it took the action it did.

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What is the Administrative Procedure Act?

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