Administrative Procedure Reform Act of 1981

Summary

Administrative Procedure Reform Act of 1981 - Amends the Freedom of Information Act to require Federal agencies to make available to the public detailed descriptions of agency principles governing discretionary decisions. Amends the Administrative Procedure Act to repeal the exemptions from rulemaking notice requirements provided for: (1) interpretive rules and policy statements; and (2) other rules at the discretion of the agency. Entitles interested persons to present oral comments in an agency rulemaking proceeding. Requires notification or publication of a final rule 90 days before its effective date. Prohibits the presiding employee at an agency adjudication from making ex parte communications with the agency. Prohibits any agency officer or employee from entering property to search for or seize evidence without a specific search warrant. Requires an agency to notify a person of any violation of an agency rule and to provide such person 30 days to correct such violation before imposing sanctions. Entitles any person charged with a violation to examine the evidence, to rebut such information, and to cross-examine any adverse witness. Requires each agency to transmit a copy of each promulgated rule to both Houses of Congress. Declares that such a rule shall not become effective if: (1) both Houses adopt a concurrent resolution disapproving it within 90 days of continuous session of Congress after it is promulgated; or (2) either House adopts such a resolution within 60 days and the other House does not disapprove such resolution within 30 days thereafter. Entitles any person adversely affected by an agency action to judicial review of such action, regardless of whether such person has exhausted all administrative remedies. Permits a court reviewing an agency action to conduct a trial de novo. Directs a court to set aside an agency action unsupported by a preponderance of the evidence.

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Documents

1 official file

• Introduced in House

  summary · EN · 4 March 1981

  Open at official source

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