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United States v. Florida East Coast Railway Co. (1973) - formal rule-making requires statute that requires "hearing on the record." Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. (1978) - courts may not impose additional procedural requirements on top of the APA in rule-making.
Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regulations"), adjudication, and the enforcement of laws. Administrative law is considered a branch of public law.
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "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."
Law Librarians' Society of Washington, D.C. Carey, Maeve P. (May 1, 2013). Counting Regulations: An Overview of Rulemaking, Types of Federal Regulations, and Pages in the Federal Register (PDF). Congressional Research Service. Kohlmetz, William J. (1948). "Administrative Law—The Effect of Publication in the Federal Register". Marquette Law ...
Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971), is a landmark decision by the Supreme Court of the United States that established the basic legal framework for judicial review of the actions of administrative agencies. It substantially narrowed the Administrative Procedure Act's Section 701(a)(2) exception from judicial review ...
This category includes United States case law interpreting the general processes of administrative law and agency authority to make and interpret it. Subcategories This category has the following 2 subcategories, out of 2 total.
Public law comprises constitutional law, administrative law, tax law and criminal law, [1] as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and unequalized. Government bodies (central or local) can make decisions about the rights of persons.
Negotiated rulemaking is a process in American administrative law, used by federal agencies, in which representatives from a government agency and affected interest groups negotiate the terms of a proposed administrative rule.