“ Any oral or documentary evidence may be received, but every agency shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence and no sanction shall be imposed or rule or order be issued except upon consideration of the whole record or such portions thereof as may be cited by any party and as supported by and in accordance with the reliable, probative, and substantial evidence. ”
Summary
The Administrative Procedure Act is a U.S. federal law that outlines the procedural framework for agency rulemaking, adjudication, and judicial review. Enacted to promote transparency, fairness, and compliance with the law in administrative processes, it sets forth requirements for hearings, evidence, and decision-making by federal agencies. Key themes include the regulation of agency procedures, the role of judicial supervision, and the importance of following statutory mandates.
The text highlights the rights of parties to present evidence, the exclusion of irrelevant information, and the duty of agencies to base decisions on reliable, relevant evidence. By clarifying the definitions of "rule" and "record," the Act aims to balance administrative efficiency with accountability, ensuring that agency actions reflect legislative intent and uphold due process principles.
Quotes from Administrative Procedure Act ()
“ Rule and Rule Making.— ``Rule ́ ́ means the whole or any part of any agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of any agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing upon any of the foregoing. ”
“ Record.— The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, shall constitute the exclusive record for decision in accordance with section 8 and, upon payment of lawfully prescribed costs, shall be made available to the parties. Where any agency decision rests on official notice of a material fact not appearing in the evidence in the record, any party shall on timely request be afforded an opportunity to show the contrary. ”
