APA Project: Looking Ahead

The Administrative Law and Regulatory Practice Section has committed to an examination of the Administrative Procedure Act through a statement of the law and a critical analysis of the reform that might improve the act. The APA project is being chaired by Paul Verkuil as the chief reporter, with highly accomplished scholars and practicing lawyers serving as co-reporters for each major substantive area.

The work of the APA project will proceed in three (possibly overlapping) phases. The first phase already is under way, with project reporters presenting the basic outline of each substantive area. At least one presentation by the Reporters will be set for each Section meeting. We began the process with an overview of adjudication at the annual meeting in Atlanta. The section plans to post a detailed schedule of meetings on its website so that all who wish to participate in the project will have advance notice of which topic will be covered at which meeting. At each of these meetings, Section members and others will discuss with the Reporters the major changes in the law and best characterization of the law. As with the annual meeting these discussions will be open to all.

The review process will involve everyone associated with the Section and the administrative process. Each of the Section=s committees will be called upon to comment, not only on current proposals but, as the drafts are prepared, on their particular practice areas. The work of the reporters will be coordinated by the chief reporter, the Council and an advisory/consultant group, chaired by outgoing Section chair Ronald Cass. The advisory/consultant group will be made up of a substantial number of individuals from private law practices, government, corporations, and public interest groups. Input will also be sought from the legislative branch and the executive branch.

The second phase of the project will turn to drafting a statement of principles and rationales for various aspects of the Administrative Procedure Act. In that drafting, the reporters will review the state of law, in descriptive terms, and where appropriate, may propose areas for law reform or for further critical analysis. The end result of the drafting process will be the publication by the Section of a Statement of Administrative Law (our current working title), which will provide a useful tool to practitioners, academics and students, on the state of administrative procedure under the APA.

Following the completion of the statement process, the reporters, advisory/consultant group, chairs and the Council will begin the third phase which will examine possible proposals for codification and rationalization of current law. From this examination the Section may propose a revised Administrative Procedure Act.

Anyone interested in the project should contact the committee chairs, any member of the Council or any of the reporters to get involved.