Federal Statute

Administrative Procedures Act (APA)

Description 

The Administrative Procedures Act (APA) establishes the processes federal administrative agencies must follow when creating rules and handling administrative litigation. These agencies, usually part of the Executive Branch, are authorized to implement and enforce laws.

 

The APA outlines procedures for proposing, amending, or repealing rules that carry out federal law. If an agency fails to follow these procedures, a regulation may be overturned. Key requirements include providing public notice of proposed regulations and offering the public an opportunity to comment.

 

Negotiated rulemaking, used by the U.S. Department of Education to develop Title IV regulations, is an additional process directed by the Higher Education Act (20 U.S.C. 1098a). 

Action to be taken

  • Stay informed on rulemaking: Institutions may subscribe to My Federal Register to receive email notifications when agencies release announcements or proposed regulations.
  • Be aware of litigation: Many legal challenges to regulations are based on claims that an agency failed to follow the proper procedures required by the Administrative Procedure Act (APA).

Date Enacted

  • July 11, 1946

Resources