What is the purpose of the Administrative Procedure Act?

The Administrative Procedure Act (APA) is an important law in West Virginia that serves to promote fairness, accuracy, and accountability in the decision-making process of the state’s administrative agencies. It sets out to provide citizens and organizations with the right to access information and to challenge administrative decisions. In particular, the APA provides for a system of rulemaking, whereby state administrative agencies must publish proposed regulations and make them available to the public. This ensures transparency and allows the public to provide input about proposed regulations. The APA also provides for contested cases, which allow citizens or organizations to challenge a decision made by the administrative agency. The process for these contested cases involves the agency discussing the case with the opposing parties, followed by a final hearing, in which a judge decides the outcome. In addition to these specific measures, the APA as a whole is designed to promote fairness, accuracy, and accountability in the decision-making of the state administrative agencies. It helps to ensure that the decisions of administrative agencies are based on considerations of the law, fact, and procedure, rather than bias or political pressure. Furthermore, it holds the state administrative agencies accountable by giving citizens or organizations the opportunity to challenge administrative decisions. Overall, the purpose of the Administrative Procedure Act is to promote fairness, accuracy, and accountability in the decision-making of state administrative agencies in West Virginia. It does this by promoting transparency and offering citizens and organizations the right to challenge decisions.

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