Administrative Procedure Reform Act of 1987

Summary

Administrative Procedure Reform Act of 1987 - Amends the Administrative Procedure Act to include among information required to be made available to the public detailed descriptions of agency standards and principles which govern discretionary decisions. Removes discretionary authority of Federal agencies in rulemaking proceedings with respect to publishing rules. Requires agencies to give interested persons an opportunity for oral presentation in rulemaking proceedings. Provides that a substantive rule shall not become effective less than 30 days after: (1) the required publication or service of the rule is made; and (2) the agency issuing the rule submits the rule to the chairman and ranking minority member of each congressional committee having legislative jurisdiction over that agency. Declares that such provision does not apply: (1) to a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) to statements of policy; or (3) when there is an imminent threat to public health or safety, a description of which is included in the publication of the rule. Removes from adjudication proceedings the consideration of time and public interest with respect to public participation. Prohibits the presiding employee in such proceedings from consulting with the agency unless all parties are notified. Permits a person submitting data to receive or retain a copy of such data in nonpublic investigatory proceedings. (Currently, such a person may for good cause be limited to inspecting an official transcript of his testimony). Requires agencies to obtain search warrants when necessary to determine if a rule has been violated. Requires employees presiding at hearings to receive evidence in accordance with the Federal Rules of Evidence. Removes exceptions when presiding employees make or recommend initial decisions. Requires all employee decisions to be consistent with prior agency decisions and include a statement of certification that all pertinent material has been reviewed. Prohibits an agency from imposing a sanction on a person unless such person has been notified in writing of the factual and legal basis and has been granted 30 days to correct the violation. Grants any person charged with violation of an agency rule or order the opportunity to cross-examine adverse witnesses and to examine and rebut all evidence. Declares that any party adversely affected by an agency action has a right to submit such action to judicial review and that administrative remedies need not be exhausted before judicial review. Authorizes a reviewing court to conduct a trial de novo.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in House

  summary · EN · 21 July 1987

  Open at official source

Sponsors

No sponsors or actors listed by the source.

Related records

No cross-record relationships stored yet.