A bill to amend title 5, United States Code, to improve and reform the administrative procedures of Federal agencies, and for other purposes.
Administrative Procedure Reform Act of 1985 - Includes among information for Federal agencies to make 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. Requires the publication or service of a substantive rule 90 days (currently, 30 days) before its effective date and removes certain exceptions to conform to provisions of this Act.
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.
Introduced in House
Introduced in House
Referred to House Committee on Government Operations.
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Administrative Law and Governmental Relations.
Executive Comment Requested from OMB, Justice.
Referred to Subcommittee on Government Information, Justice and Agriculture.
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