Administrative procedures are the structured methods government agencies use to implement laws and manage their responsibilities. These internal processes translate legislative intent into tangible government action, ranging from setting broad safety standards to deciding individual benefit claims. The structure of these procedures ensures that the power of the administrative state is exercised in a fair, transparent, and consistent manner. Understanding this framework is important because these agency actions directly affect nearly every aspect of business and individual life, such as environmental regulations and the issuance of licenses.
Defining Administrative Procedures
Administrative procedures are the internal steps that government agencies must follow when carrying out the laws passed by the legislature. These processes differ fundamentally from the legislative branch, which creates laws, and the judicial branch, which resolves private disputes. Administrative action focuses instead on implementing the law, managing programs, and regulating specialized areas. Agencies like the Environmental Protection Agency (EPA) or the Food and Drug Administration (FDA) employ these procedures when setting technical standards or issuing approvals for new drugs. The core function of these procedures is to give concrete effect to abstract legal mandates in a manner that is predictable and accountable to the public.
The Legal Framework Governing Administrative Action
The foundational law that standardizes the operations of federal agencies is the Administrative Procedure Act (APA), enacted in 1946. This comprehensive framework governs how agencies must propose and establish regulations, conduct formal hearings, and issue permits. The APA applies to most federal executive departments and independent agencies, creating a unified standard for administrative fairness across the entire government. The framework ensures that individuals whose interests are directly affected receive notice of the proposed action and an opportunity to be heard. This requirement incorporates the constitutional principle of due process into agency operations, ensuring the government cannot arbitrarily deprive a person of a right or interest.
Procedure Type One: Creating New Rules (Rulemaking)
Rulemaking is the administrative process agencies use to create new, future-looking regulations that apply generally to a broad group of people. These legislative rules carry the full force of law, implementing or interpreting the underlying statute established by Congress. Agencies are given this quasi-legislative authority because they possess specialized expertise necessary to set complex technical standards or address rapidly evolving issues.
Notice-and-Comment Rulemaking
The standard process for developing new rules is “notice-and-comment rulemaking.” The agency begins by publishing a Notice of Proposed Rulemaking (NPRM) in the Federal Register, informing the public about the proposal and the opportunity to participate. Interested persons are given a specified comment period, often 30 to 60 days, to submit written data, views, or arguments. This public participation allows stakeholders to influence the final regulation. The final rule is published in the Federal Register, along with the agency’s response to public comments, and is ultimately codified in the Code of Federal Regulations.
Procedure Type Two: Deciding Individual Cases (Adjudication)
Adjudication is the process agencies use to resolve specific, past-tense disputes, functioning similarly to a court. Unlike rulemaking, which creates general policy for the future, adjudication applies an existing law or rule to a particular set of facts. Examples include the Social Security Administration determining disability benefits or the Federal Communications Commission revoking a broadcast license.
When a statute requires a formal hearing to be held “on the record,” the case is typically heard by an Administrative Law Judge (ALJ). The ALJ functions as an impartial adjudicator, presiding over a trial-like proceeding that includes the presentation of evidence and cross-examination. ALJs are authorized to rule on evidentiary matters and issue initial decisions that include written findings of fact and conclusions of law. This process ensures that parties whose rights or property interests are at stake receive a fair hearing before a neutral decision-maker.
Public Accountability and Judicial Review
Administrative procedures incorporate mechanisms for public accountability and external checks on agency power. The principle of Due Process requires that before an agency can deprive a person of a life, liberty, or property interest, it must provide adequate notice and a meaningful opportunity to be heard.
The final check on agency power is judicial review, which allows federal courts to examine the legality of agency actions. A person who is adversely affected by a final agency decision can petition a court to review the action. Courts do not substitute their own judgment for the agency’s expertise, but they ensure the agency has not exceeded its statutory authority, violated the Constitution, or failed to follow the procedures required by law. The court may set aside an agency action if it finds the decision to be arbitrary, capricious, or otherwise not in accordance with law.