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	Encyclopedia: Administrative Procedures Act (Site not responding. Last check: 2007-10-21)
		When through an administrative act rights are affected or obligations created for citizens and organizations, applicable are those measures which are most favourable for them if this does not compromise the aims of the law.
		When the organ which has begun the procedure establishes that the administrative act should be issued by another administrative organ, the former shall immediately send the documentation to the latter, notifying at the same time the person on who's initiative the procedure was started as to this fact.
		The administrative act shall contain a provision for preliminary implementation, when this is necessitated for the protection of the life or health of citizens, to prevent losses to the national economy or to protect other important state interests, as well as when there is a danger that the implementation may be seriously compromised or prevented.
	www.nationmaster.com /encyclopedia/Administrative-Procedures-Act (439 words)

	NY State Administrative Procedures Act (SAPA)
		The legislature hereby finds and declares that the administrative rule making, adjudicatory and licensing processes among the agencies of state government are inconsistent, lack uniformity and create misunderstanding by the public.
		This act guarantees that the actions of administrative agencies conform with sound standards developed in this state and nation since their founding through constitutional, statutory and case law.
		It is further found that in the public interest it is desirable for state agencies to meet the requirements imposed by the administrative procedure act.
	www.tenant.net /Other_Laws/SAPA/sapa101.html (482 words)

	NY State Administrative Procedures Act (SAPA)
		Should the agency fail to respond to the office within thirty days from receipt of the notification from the office, the proposed rule shall be deemed to be withdrawn, and the office shall submit a notice of withdrawal for the rule to the secretary of state for publication in the state register.
		Unless an exclusive procedure or remedy is provided by law, judicial review of rules may be had upon petition presented under article seventy-eight of the civil practice law and rules, or in an action for a declaratory judgment where applicable and proper.
		Agencies shall adopt rules governing the procedures on adjudicatory proceedings and appeals in accordance with provisions of article two of this chapter, and shall prepare a summary of such procedures in plain language.
	www.tenant.net /Other_Laws/SAPA/sapa.html (5067 words)

	WVSOS - Administrative Law - West Virginia Code: Administrative Procedures Act
		A procedural and interpretive rule, shall be considered by the agency for adoption not later than six months after the close of public comment and a notice of withdrawal or adoption shall be filed in the state register within that period.
		In the case of an agency which is not subject to administration by the secretary of an executive department, the agency which proposed the rule for promulgation shall promulgate the rule as authorized by the Legislature.
		A procedural and interpretive rule, shall be considered by the board for adoption not later than six months after the close of public comment and a notice of withdrawal or adoption shall be filed in the state register within that period.
	www.wvsos.com /adlaw/rulemaking/wvcapa.htm (11656 words)

	Arkansas Bar Association \| Publications
		The statutes regarding administrative law in the State of Arkansas have not significantly changed since the Administrative Procedure Act (APA) was adopted in 1967; however, attorneys outside of state government are often not familiar with the basic process.
		Generally, one cannot stop an administrative hearing from occurring by seeking an injunction or a declaratory judgment because all administrative remedies must be exhausted prior to bringing an action in circuit court.
		Even if the respondent claims the agency action is based upon unlawful procedure, he or she must raise the issue in a timely fashion at the administrative hearing and then on appeal as well.
	www.arkbar.com /Ark_Lawyer_Mag/Articles/AdminProcedureWinter04.html (2539 words)

	2410.03 Administrative Procedures Act
		The Administrative Procedures Act addresses the effect, processing, promulgation, publication and inspection of State agency determinations, guidelines and rules; and provides for publication and dissemination of the Michigan Register, the conduct of administrative hearings, and related matters.
		Those prescribing procedures for contested case hearings, so long as they are not inconsistent with the provisions of this Act or other applicable statutes.
		Annually publishes a supplement to the Michigan administrative code, which is to contain all promulgated rules published in the Michigan Register during the current year, except for emergency rules, a cumulative numerical listing of amendments and additions to, and rescissions of rules since the last code compilation, and a cumulative alphabetical index.
	www.michigan.gov /dmb/0,1607,7-150-9131_9347-29674--,00.html (5610 words)

	Legal Brief on the Administrative Procedures Act and Federal Register Act
		The first act which commanded the publication of agency requirements which affected the public was the Act of July 26, 1935, 49 Stat.
		Further, the act established a certain method whereby agencies were to publish in the Federal Register proposed and final agency rules and were to accord public hearings in reference thereto.
		But, the operation of this procedure concerning conscientious objectors was substantially varied by the issuance of a "Letter to All State Directors" and a temporary "instruction", both of which were not published in the Federal Register notwithstanding the fact that the same had an adverse impact upon such objectors.
	www.lexrex.com /enlightened/articles/APAbrief.htm (4897 words)

	Glossary of Legal Terms (Office of Administrative Hearings) (Site not responding. Last check: 2007-10-21)
		Administrative Hearings are not as formal as hearings held by judges in court.
		administrative law judge or other decision-maker is permitted to consider only the administrative record, as well as the law applicable to the case.
		An administrative agency might also be considered to be one of the parties to an administrative hearing.
	www.oah.wa.gov /Glossary.htm (2549 words)

	Small Business Act - Office of Advocacy -Administrative Procedures Act
		The Administrative Procedures Act (APA) (5 U.S.C. §§ 551-59, 701-06, 1305, 3105, 3344, 5372, 7521) was passed in 1946 to clarify the process of making regulations, and to allow greater accessibility and participation by the public in the rulemaking process.
		In general, the APA requires the publication in the Federal Register of most rules, and a period for public comment.
		Rulemaking is defined in the APA as the "agency process for formulating, amending, or repealing a rule." Both formal (involving an agency hearing process) and informal (involving public notice and comment) rulemaking are addressed in the act.
	www.sba.gov /advo/laws/sum_apa.html (314 words)

	Uniform Procedures for Cases Subject to the Tennessee Uniform Administrative Procedures Act
		These procedures are not applicable to termination of faculty for adequate cause which are subject to the provisions of Chapter 839 of the Public Acts of 1976.
		If the action to be taken is such that these procedures are or may be applicable, the person shall be advised of the opportunity to elect the procedures pursuant to which a hearing will be provided as hereinafter set forth.
		Where the person elects to proceed under the established institutional or center procedures for resolution of the matter, the election should be in writing and signed by the person, and should expressly waive the procedures available under the Act as to the matter in question.
	www.tbr.state.tn.us /policies_guidelines/governance_policies/1-06-00-05.htm (4088 words)

	ADMINISTRATIVE PROCEDURES ACT (Site not responding. Last check: 2007-10-21)
		(1) The public authorities that shall be subject to this Act shall be the administrative authorities of the State, the public authorities of municipalities and federations of municipalities and the organs of the Social Insurance Institution and the University of Helsinki.
		This Act shall govern the consideration of matters of judicial administration in courts of law.
		In matters pertaining to judicial administration considered by a court of law, however, the hearing shall be conducted by the court in question.
	www.pp.clinet.fi /~daryl/laws/HMenL-en.html (2796 words)

	Administrative Procedures Act - dKosopedia (Site not responding. Last check: 2007-10-21)
		The APA was enacted during a period of expanding federal governmental power, following the Great Depression and World War II.
		In a law journal article on the history of the APA, Fierce Compromise: The Administrative Procedure Act Emerges from New Deal Politics, 90 Northwestern University Law Review 1557 (1996), professor George Shepard discusses the contentious political environment from which the APA was born.
		Shepard claims that Roosevelt’s opponents and supporters fought over passage of the APA “in a pitched political battle for the life of the New Deal” itself.
	dkosopedia.com /index.php?title=Administrative_Procedures_Act&... (797 words)

	ADMINISTRATIVE PROCEDURES ACT (Site not responding. Last check: 2007-10-21)
		A law that spells out procedures and requirements related to the promulgation of regulations.
		Korea has an Administrative Procedures Act and proposed rules (Act, Presidential Decree and Ministerial Decree) should be published and public comments solicited for 20 days prior to promulgation.
		To improve transparency and due process to its regulatory system, in 1996, Korea enacted the Administrative Procedures Act, but public notice of new regulations, as well as comment and transition periods, are still not always adequate.
	www.websters-online-dictionary.org /definition/ADMINISTRATIVE+PROCEDURES+ACT (226 words)

	A Study of Suppression of Information
		Under the provisions of the Administrative Procedures Act, the FDA need disclose to the public, or the Courts, only that information which is part of the Administrative Record for the matter in question; and it is the FDA that determines what the Administrative record for any question shall be.
		The Administrative record was made up of material that the FDA needed in order to win its case, plus a smattering of material from the opposition that had no bite to it, but to which the FDA could point and say, "we looked at that." I was a plaintiff in that law suit.
		Procedures used to develop the research, and/or the statistics used to evaluate its results, produce data that will allow researchers to conclude that their product is safe.
	www.truthinlabeling.org /l-manuscript.html (11687 words)

	Chapt. 5 The Hawai'i Administrative Procedures Act and Administrative Rule-Making
		Administrative rule-making is the primary means for an agency to carry out its responsibilities.
		The agency must (1) publish notice of a public hearing on the rule; (2) hold a hearing in which everyone is allowed to express his or her feelings on the rule; (3) receive the Governor's approval of the rule, and (4) file the final rule in the Office of the Lieutenant Governor.
		After an administrative rule is approved by the Governor or Mayor, it must be filed with the Office of the Lieutenant Governor or with the clerk of the affected county.
	www.kekiai.org /education/book/chapt05.html (1769 words)

	TITLE 16: CHAPTER 3 - ADMINISTRATIVE PROCEDURE (Site not responding. Last check: 2007-10-21)
		Any person representing an agency at a hearing in a contested case in which the agency is a party shall not in the same case serve as presiding officer or provide ex parte advice regarding the case to the presiding officer or to the body or any member of the body comprising the decision makers.
		Every person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy of a transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony.
		The procedure to be followed in the proceeding before the district court shall be in accordance with rules heretofore or hereinafter adopted by the Wyoming supreme court.
	legisweb.state.wy.us /statutes/titles/title16/chapter03.htm (4784 words)

	D.C. Administrative Procedure Act
		This title shall supplement all other provisions of law establishing procedures to be observed by the Mayor and agencies of the District government in the application of laws administered by them, except that this title shall supersede any such law and procedure to the extent of any conflict therewith.
		The review of all administrative orders and decisions by the court shall be limited to such issues of law or fact as are subject to review on appeal under applicable statutory law, other than this title.
		Upon the Administrator's determination of a document's conformity with this act, one copy of such document shall be prepared for publication and one copy kept for permanent historic preservation.
	pweb.netcom.com /~aflowers/dcapa.htm (5217 words)

	Prentice Hall Documents Library: Administrative Procedures Act (1946)
		Over ten years in the making, the Administrative Procedure Act reflected increasing concern that the proliferating New Deal agencies were exercising unprecedented power, almost wholly unregulated.
		This legislation was part of a reform effort which had earlier brought about the Hatch Acts of 1939 and 1940, forbidding campaigning and political activities by executive branch federal employees (1939) and state and local employees paid wholly or partly from federal funds (1940).
		Nonetheless, the APA symbolizes the theme of the administrative state: the formal institutionalization of interest access to the new centers of decision making power in bureaucracy.
	cwx.prenhall.com /bookbind/pubbooks/dye4/medialib/docs/apa1946.htm (732 words)

	Chapter 183 — Administrative Procedures Act; Legislative Review of Rules; Civil (Site not responding. Last check: 2007-10-21)
		Agencies may establish procedures for establishing and maintaining the mailing lists current and, by rule, establish fees necessary to defray the costs of mailings and maintenance of the lists.
		Accordingly, it is the purpose of subsections (2) to (4) of this section to set forth certain requirements of state agencies so that citizens shall be fully informed as to these matters when exercising their rights before state agencies.
		If an ex parte communication is made to an administrative law judge assigned from the Office of Administrative Hearings established by ORS 183.605, the administrative law judge must comply with ORS 183.685.
	www.leg.state.or.us /ors/183.html (10351 words)

	R134, Informal Adjudicative Proceedings Under the Utah Administrative Procedures Act
		To provide guidelines and procedures for the application of the Administrative Procedures Act Title 63, Chapter 46b, and associated regulations, to the public institutions of higher education, the State Board of Regents, and the Utah Higher Education Assistance Authority.
		A person who acts as a presiding officer at one phase of a proceeding need not continue as presiding officer through all phases of a proceeding.
		The form and procedures for such a request are set forth in Utah Code §63-46b-12.
	www.utahsbr.edu /policy/r134.htm (2088 words)

	The Administrative Procedures Act
		Thus the APA is applicable to all policy it creates which effects federal prisoners.
		The APA, coupled with FRAP, Rule 15(a), combine to become extremely effective tools of leverage to force the B.O.P. to adhere to statutory mandates, not passing rules to whim.
		Although the APA journey will seem arduous at first, I cannot stress enough the importance of arming yourself with this weapon when you battle the likes of the B.O.P. There are hundreds of administrative agencies, like the U.S. Parole Commission, Immigration and Naturalization Service or even the Dept. of Justice.
	www.november.org /razorwire/rzold/07/0715.html (780 words)

	Administrative Procedures Act Policy Statement - Drug-Free Workplace/Drug-Free Schools Policy Statement
		The University of Central Florida, under applicable rules of the Administrative Procedures Act, may change any of the announcements, information, policies, rules, regulations, or procedures set forth in this catalog.
		While every effort will be made to accommodate the curricular needs of students, limited resources may prevent the university from offering all required courses in each semester or in day and evening sections.
		Additional information or clarification of any policy or procedure may be obtained from the specified office.
	www.ucf.edu /gradcatalog/grad0001/adminprocedure.htm (399 words)

	Administrative Procedures Act
		Administrative Procedures Act : A law that spells out procedures and requirements related to the promulgation of regulations.
		This act shall be known and may be cited as the âadministrative procedures
		Administrative Procedures Act for the State of California, Department of Consumer
	mongabay.com /reference/environment/Administrative_Procedures_Act.html (174 words)

	31 Questions and Answers about the IRS, Revision 3.2
		Guarantee Clause in the U.S. Constitution guarantees the Rule of Law to all Americans (we are to be governed by Law and not by arbitrary bureaucrats).
		If an Act of Congress fails to create a specific liability for any tax imposed by that Act, then there is no liability for that tax.
		As a trust domiciled in Puerto Rico, the IRS is, without a doubt, a federal government subcontractor that is subject to this Act.
	www.supremelaw.org /sls/31answers.htm (7799 words)

	Title 63. State Affairs in General, Chapter 46b. Administrative Procedures Act
		This act is known as the "Administrative Procedures Act."
		Procedures for formal adjudicative proceedings - Responsive pleadings.
		Procedures for formal adjudicative proceedings - Discovery and subpoenas.
	www.code-co.com /utah/code/03/63-46b.htm (6799 words)

	C:\scsrules\t131s65.htm
		1.1 Scope - This rule establishes the procedure for promulgation of new rules and amendment of existing rules, in compliance with the West Virginia Administrative Procedures Act.
		A legislative rule does not include (A) findings or determinations of fact made or reported by the board, including any such findings and determinations as are required to be made as a condition precedent to proposal of a rule to the legislature; or (B) declaratory rulings issued by the board.
		2.4 "Procedural Rule" means every rule which fixes rules of procedure, practice or evidence for dealings with or proceedings before an agency, including forms prescribed by the agency.
	www.hepc.wvnet.edu /resources/scs/t131s65.htm (1544 words)

	R156. Commerce, Occupational and Professional Licensing., R156-46b. Division Utah Administrative Procedures Act Rules.
		(1) The procedures for formal division adjudicative proceedings are set forth in Sections 63-46b-6 through 63-46b-10, Rule R151-46b-1, and this rule.
		For good cause shown, the administrative law judge may allow the respondent a reasonable time to file a response and may further provide for the entry of respondent's default without notice if a response is not accordingly filed.
		The administrative law judge may also enter a further scheduling order as may be warranted.
	www.code-co.com /utah/admin/2000/r156046b.htm (1383 words)

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