What is the purpose of the Administrative Procedure Act?

The Administrative Procedure Act (APA) of Texas is a state law that governs the way state agencies, boards, and commissions make and implement rules and regulations. The purpose of the APA is to ensure that the process used by Texas state agencies, boards, and commissions to make and implement rules and regulations is fair, transparent, and efficient. This law sets out guidelines for the way public agencies must conduct public hearings and accept input from the public, as well as standards for the way rules and regulations are created and enforced. The APA seeks to protect the public from arbitrary decisions that agencies might make without public input. For instance, the APA sets out procedures that a state agency must follow before it can propose and issue new rules and regulations, including notice of the proposed rule in designated publications, providing an opportunity for the public to comment, and publishing the text of the rule and any changes made as a result of public input. The APA also provides for judicial review of regulations. Under this law, Texas courts can review agency decisions that violate the APA and overturn them if they are found to be unreasonable. This ensures that public agencies are held accountable for their decisions and their compliance with the APA.

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