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Apa Administrative Procedures Act 1946

Apa Administrative Procedures Act 1946

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Published by: solution4theinnocent on Jun 22, 2012
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Administrative Procedures ActTITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEESAdministrative Procedures ActPART I - THE AGENCIES GENERALLYCHAPTER 5SUBCHAPTER II - ADMINISTRATIVE PROCEDUREº551. Definitions.For the purpose of this subchapter -* (1) ''agency'' means each authority of the Government of the UnitedStates, whether or not it is within or subject to review by anotheragency, but does not include -o (A) the Congress;o (B) the courts of the United States;o (C) the governments of the territories or possessions of theUnited States;o (D) the government of the District of Columbia; or except as tothe requirements of section 552 of this titleo (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputesdetermined by them;o (F) courts martial and military commissions;o (G) military authority exercised in the field in time of war orin occupied territory; oro (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; chapter 2 of title 41; subchapter II of chapter 471 of title 49; or sections 1884, 1891-1902, and former section1641(b)(2), of title 50, appendix;* (2) ''person'' includes an individual, partnership, corporation,association, or public or private organization other than an agency;* (3) ''party'' includes a person or agency named or admitted as aparty, or properly seeking and entitled as of right to be admitted asa party, in an agency proceeding, and a person or agency admitted byan agency as a party for limited purposes;* (4) ''rule'' means the whole or a part of an agency statement of general or particular applicability and future effect designed to
implement, interpret, or prescribe law or policy or describing theorganization, procedure, or practice requirements of an agency andincludes 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 on any of theforegoing;* (5) ''rule making'' means agency process for formulating, amending, orrepealing a rule;* (6) ''order'' means the whole or a part of a final disposition,whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing;* (7) ''adjudication'' means agency process for the formulation of anorder;* (8) ''license'' includes the whole or a part of an agency permit,certificate, approval, registration, charter, membership, statutoryexemption or other form of permission;* (9) ''licensing'' includes agency process respecting the grant,renewal, denial, revocation, suspension, annulment, withdrawal,limitation, amendment, modification, or conditioning of a license;* (10) ''sanction'' includes the whole or a part of an agency -o (A) prohibition, requirement, limitation, or other conditionaffecting the freedom of a person;o (B) withholding of relief;o (C) imposition of penalty or fine;o (D) destruction, taking, seizure, or withholding of property;o (E) assessment of damages, reimbursement, restitution,compensation, costs, charges, or fees;o (F) requirement, revocation, or suspension of a license; oro (G) taking other compulsory or restrictive action;* (11) ''relief'' includes the whole or a part of an agency -o (A) grant of money, assistance, license, authority, exemption,exception, privilege, or remedy;o (B) recognition of a claim, right, immunity, privilege,exemption, or exception; oro (C) taking of other action on the application or petition of, andbeneficial to, a person;* (12) ''agency proceeding'' means an agency process as defined byparagraphs (5), (7), and (9) of this section;* (13) ''agency action'' includes the whole or a part of an agency rule,order, license, sanction, relief, or the equivalent or denial thereof,or failure to act; and* (14) ''ex parte communication'' means an oral or written communication
not on the public record with respect to which reasonable prior noticeto all parties is not given, but it shall not include requests forstatus reports on any matter or proceeding covered by this subchapter.º552. Public information; agency rules, opinions, orders, records, andproceedings.* (a) Each agency shall make available to the public information asfollows:o (1) Each agency shall separately state and currently publish inthe Federal Register for the guidance of the public -+ (A) descriptions of its central and field organization andthe established places at which, the employees (and in thecase of a uniformed service, the members) from whom, and themethods whereby, the public may obtain information, makesubmittals or requests, or obtain decisions;+ (B) statements of the general course and method by which itsfunctions are channeled and determined, including the natureand requirements of all formal and informal proceduresavailable;+ (C) rules of procedure, descriptions of forms available orthe places at which forms may be obtained, and instructionsas to the scope and contents of all papers, reports, orexaminations;+ (D) substantive rules of general applicability adopted asauthorized by law, and statements of general policy orinterpretations of general applicability formulated andadopted by the agency; and+ (E) each amendment, revision, or repeal of the foregoing.Except to the extent that a person has actual and timelynotice of the terms thereof, a person may not in any mannerbe required to resort to, or be adversely affected by, amatter required to be published in the Federal Register andnot so published. For the purpose of this paragraph, matterreasonably available to the class of persons affectedthereby is deemed published in the Federal Register whenincorporated by reference therein with the approval of theDirector of the Federal Register.o (2) Each agency, in accordance with published rules, shall makeavailable for public inspection and copying -+ (A) final opinions, including concurring and dissentingopinions, as well as orders, made in the adjudication of cases;

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