An Agenda for Investigation: Should the APA Be Amended to Provide Standards for Agency Review of Administrative Trials?

Abstract

The integrity of the administrative processes of the federal government can be eroded not only by recognizable actions against the public interest, but also by the neglect of means to improve the basic fairness and efficiency of government decision-making. This article suggests a need for thorough investigation of a crucial aspect of the federal administrative process-the review of an administrative law judge's decisions by a government agency. When the Administrative Procedure Act (APA) was passed in 1946,1 no provision was made for a well-structured review of the decisions of administrative law judges (then designated hearing examiners),2 and there is reason to think that this omission has weakened the integrity and professionalism of the administrative process. To even the casual observer, problems of delay, expense and frustration in the federal administrative review process must be evident. Among the more common problems that contribute to the ills of the administrative system, the following require no detailed documentation: