DOJ Says Administrative Procedure Act Is Behind The Times

Law360 (August 11, 2020, 6:22 PM EDT) -- The U.S. Department of Justice on Tuesday urged lawmakers to update a law that governs procedures for federal rulemakings, saying that in its current form, it fails to adequately promote accountability, transparency and public participation and isn't sufficient to deal with modern regulation.

The Administrative Procedure Act provides a framework for how federal agencies promulgate rules, including requiring public notice of proposed and final actions, as well as time for interested parties to provide comment to the relevant agency. But since the statute was passed in 1946, it hasn't kept pace with what's really needed, the DOJ said in a report...

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