A bill to improve and expedite the
administrative process and clarify the standards for judicial review of
administrative action.
2/5/1981 Referred to Senate subcommittee.
Status: Referred to Subcommittee on Regulatory Reform.
SUMMARY AS OF:
1/6/1981--Introduced.
Administrative Procedure Act Amendments of 1981 - Amends the Administrative
Procedure Act to require the general notice of a proposed rulemaking to include
certain information about the factual data on which the rule is based.
Requires each agency to provide the public with an opportunity: (1) to
present oral arguments concerning a proposed rule after publication of such
general notice; and (2) to comment on any factual data which is developed during
the rulemaking and which is likely to affect the final rule. Requires an
agency's statement, incorporated in the final rule, to include agency responses
to significant public comments.
Directs each agency to establish a public file on each rulemaking proceeding,
containing any notices, written data, written comments, and any other matter the
agency is required to prepare for rulemaking.
Creates a new procedure for administrative proceedings required by statute.
Establishes an "expedited hearing procedure" for any proceeding predominantly
concerned with general policy issues, including ratemaking, rulemaking and
initial licensing proceedings. Requires formal hearings for proceedings
concerning factual questions which require trial-type procedures, including
proceedings to assess a civil penalty or fine, or to determine a claim for
certain individual benefits.
Directs the presiding employee at an expedited proceeding to conduct a
hearing to provide an opportunity for parties to submit written arguments and
responses and, at the request of any party, oral arguments. Requires such
employee to designate a disputed question for resolution in a formal hearing
upon determining that there is a substantial dispute of fact requiring the
introduction of reliable evidence at a formal hearing, and that the agency
decision is dependent on the resolution of such question.
Authorizes an agency to require the entire record of an expedited hearing to
be certified to the agency for decision with or without the presiding employee's
recommended decision, but with such employee's findings concerning any disputed
question.
Authorizes each agency to establish employee boards to review the decisions
of presiding employees of expedited and formal hearings.
Directs a court reviewing an agency action to: (1) set aside any agency rule
found to lack substantial support in the rulemaking file; (2) determine the
authority or jurisdiction of the agency on the basis of the language of the
authorizing statute or other evidence of legislative intent; and (3) accord no
presumption in favor of or against agency action.