Informal Administrative Processes

Synonyms

Informal adjudication; Informal agency action; Informal rulemaking; Notice and comment rulemaking

Definition

The term “informal administrative processes” is a catch-all that encompasses two categories of activity which constitute the vast majority of tasks undertaken by federal agencies in the United States. The first category – informal or “notice and comment” rulemaking – refers to agency actions governed by § 553 of the Administrative Procedure Act (APA). The second category – often referred to as “informal adjudication” or simply informal agency action – covers a wide variety of agency activity that is not regulated by the APA.

Introduction

Administrative officers and agencies have been a part of American government since the late eighteenth century when the First Congress of the United States empowered officials to implement policies such as the imposition of duties on imported goods or the adjudication of military pensions for soldiers injured during the Revolutionary...