Jump to Navigation
Jump to Content

Administrative Procedure Act

5 U.S.C. §§500-559

Statute Outline:

Download Outline >>>

The statute provides general rules concerning the representation of persons before agencies.

The statute provides for witnesses’ fees and allowances.

Agencies engaged in informal rulemaking (where rules are not required by statute to be made on the record following a hearing) must generally provide adequate notice, allow public comment, publish substantive rules at specified times, and give interested persons the right to petition for issuance, amendment, or repeal.

Agencies engaged in formal adjudication (required by the statute to be decided on the record following a hearing) must generally provide adequate notice and give interested parties opportunity to submit facts and arguments and to receive a hearing and decision.

The statute limits ex parte communications and prosecutorial and investigatory activities by agency employees engaged in deciding adjudications.

Interested persons may appear before an agency for the presentation or determination of an issue or request in a proceeding.

An agency shall within a reasonable time proceed to conclude a matter presented to it.

The statute provides for the rights of persons who are compelled to provide evidence.

The agency shall provide prompt and adequate notice of the denial of a written request in connection with an agency proceeding.

The statute provides for the manner in which hearings on the record (for formal rulemaking and adjudications) shall be conducted.

The statute provides for procedures to be followed when an agency employee renders a decision following such a hearing on the record and the decision is appealed to the agency itself.

The statute provides for the rights of parties as to the submission of proposed findings and conclusions following such a hearing on the record.

The statute provides for the creation of a record of decision, including findings, conclusions, and reasons, following a hearing on the record.

Ex parte communications by or with the agency concerning a matter subject to a hearing on the record are generally prohibited.

The statute provides for the general procedures that an agency must follow in the granting and denial of licenses.

The statute establishes who may seek judicial review of an agency action, the applicable form of appellate proceeding, what kinds of agency actions are reviewable, when courts may grant relief pending review, and the applicable scope of review.

Full Statute:

The statute is available from the U.S. Govenment Publishing Office: https://www.gpo.gov/fdsys/pkg/USCODE-2017-title5/html/USCODE-2017-title5-partI-chap5.htm