- List of federal agencies in the United States
- The Sunshine Act and Transparency at the FCC
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Following the conclusion of the war, the legislation was reintroduced. After a series of compromises, Congress enacted the Administrative Procedure Act in This document provides insight regarding the application of the act and remains valuable as a research tool to this day. Some of the information contained in this manual provides analysis that the courts have not yet considered. The purpose of the APA is to provide minimum procedural standards that federal administrative agencies must follow.
List of federal agencies in the United States
It distinguishes between two major forms of administrative functions: agency rulemaking and agency adjudication. Administrative rulemaking is analogous to the legislative acts, while an administrative adjudication is analogous to a judicial decision. This distinction contained in the APA has long been the subject of scholarly debate.
Some argue that such a dichotomy is unnecessarily rigid and that it might not always allow for the most appropriate procedures for a particular agency. Supporters of the distinction between rulemaking and adjudication contained in the APA note that this distinction best represents the basic functions of administrative agencies. The rulemaking provisions of the APA are more detailed than those governing adjudications. Most agencies engage in notice-and-comment rulemaking, which is required as the minimum rulemaking procedure under the APA.
The Sunshine Act and Transparency at the FCC
Under notice-and-comment rulemaking, agencies are required to give the public advance notice of the contents of proposed rule and to offer the public an opportunity to express their views of the proposed rule before the agency. Some agencies are required by the statutes that created them to follow more stringent standards, whereby all of the agency's actions during rulemaking are conducted "on the record.
The APA defines and governs only those types of adjudications that are required by statute to be conducted "on the record after opportunity for an agency hearing. However, if the agency is not required to conduct such a hearing, the APA remains silent.
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Accordingly, an agency may adopt its own procedure for an informal adjudication, so long as the agency otherwise does not violate the U. Constitution or other law. Courts have similarly grappled with judicial review of agency actions. For instance, the case of Chevron U. However, neither the openness requirement, nor the related procedural requirements, are triggered unless the governmental entity at issue is an 'agency,' and unless the gathering in question is a 'meeting' of the agency.
Nuclear Regulatory Commission , F.
The statute defines a "meeting" as "the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business". The statute defines "agency" to include "any agency The Sunshine Act enumerates ten specific exemptions for categories of information that need not be disclosed. In summary these are:.
A Guide to the U. S. Federal Legal System Web-based Public Accessible Sources - GlobaLex
The legislative intent of the Act is as follows: "The basic premise of the sunshine legislation is that, in the words of federalist No. From Wikipedia, the free encyclopedia. For the law on financial relationships between the pharmaceutical industry and physicians, see Physician Payments Sunshine Act.
Introduced in the Senate as S. Ford on September 13, United States administrative law. Adjudication Rulemaking Notice Nondelegation doctrine.
Presented by the John Seigenthaler Chair of Excellence in First Amendment Studies
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