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Write a 1,050-word paper that explains the relationship between the federal Administrative Procedures Act (APA) and the uniform state APA of 1946. Discuss how the acts accommodate open meetings and provide for public comments in both the federal and state APAs. Explain how Public Administration differs from Private Management.
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Since the creation of the U.S. Constitution was established to better the lives of the American people, other processes and systems were set in place to help balance the power of the government. The Administrative law branch consists of the legal principle that helps to govern the administration, which regulates the federal and state governments. The following discussion would explore the Federal APA and the Uniform State APA of 1946, so as to determine the relationship between these two. Moreover, the discussion would also explore the differences that exist between public administration and private management processes.
Federal Administrative Procedures Act (APA)
The Federal Administrative Procedures Act (APA) that was enacted in the year 1946, was aimed towards providing fairness, impartiality and uniformity with respect to the procedures that are employed by the different federal administrative agencies. The Act exemplifies comprehensive supervisory schemes that in turn governs the different elements such as licensing, rulemaking, adjudications, investigations, disclosure and open meeting necessities of the federal agencies (US Legal, 2019). The APA also pledges the rights of the judicial review to be provided to any individual who might be experiencing legal injustice due to any of the agency actions. Under the Act, all the actions of the agency are either adjudication or rulemaking.
The fundamental purposes of the Federal APA comprise of the following:
1. providing the participation of the public in the process of rule making
2. defining the scope of the judicial review
3. requiring the agencies towards making the public informed regarding their respective organizations (US Legal, 2019)
4. establishing uniform standards for deportment of the formal adjudication and rulemaking
The Act establishes the standards for rule making and activities of all the federal regulatory agencies and also provides the federal court with the necessary framework required to review the rules and procedures that are made and used by these administrative agencies (US Legal, 2019).
Uniform State APA of 1946
The administrative law protects a substantial and diversified area of practice involving different types of allowable government policy and ordinance. Much of the government and the public programs that fall underneath, function through many, agencies on several levels such as the city, county, state, and federal. The agencies are also called divisions, departments, boards, and commissions (Electronic Privacy Information Center, 2019). The various agencies work under their own rules and regulations and will not be found within the statutes of the state. The Uniform State APA was established for reexamining the regulations and rules that have been established by the Federal APA. The Uniform State APA aids in the maintenance of a check and balance system throughout the government and several procedures have been administered for the same. The APA comprises the Freedom of Information Act as well as the Privacy Act (Electronic Privacy Information Center, 2019). The Uniform State APA acts as the police of the improper agency behavior and thereby protects the public safety as well as secures the appropriate entitlements. The Act governs the primary functions of the agency, that is, licensing, adjudications and rulemaking at the State level.
Relation Between the Two Acts
The primary objective of the Federal APA is to promote the public`s participation in the rule making process, and to inform the public the various organizations, procedures, and rules.However, the Uniform Procedure Act is similar to the Federal APA of 1946 in various forms, but ultimately it was developed to clarify and unify the various branches, departments, and committees. The relationship between the two Acts is simple, one Act is there to set a standard of how the rules and regulations are enforced, but the other is there to revise and review the rules and regulations. A form of checks and balances that one may find throughout the government and various procedures conducted.
Allowance of Open Meeting and Public Comments
The meetings of an administrative agency encompass of the discussions regarding any predetermined topic and is conducted by two or more individuals in a formal setting. The different agency meetings that are conducted are needed to be open to the public so that anybody can attend the same, as long as they have been exonerated via any of the decree. In the process of participatory democracy, laws for open meetings guarantee admittance to administrative policy. Open meeting legislation assists in support of public policy. The administrative agencies which are conducting these meetings notify the public of open meetings. These notifications include the meeting’s agenda, the time and date along with the location. These notifications are given no less than twenty-four hours of each open meeting. For emergency meetings, some states are not required to provide notification to citizens. Most administrative agencies are obligated to send a notification to citizens.However, some states are not obligated to inform the public of emergency meetings, but most administrative agencies are required to notify the public through published invitations to the public to promote and increase the public`s awareness. Notifications are generally sent out to the public for gaining their support as well as for raising an awareness amongst the citizen.
Difference Between Public Administration and Private Management
Public administration is a non-legislative public authority that functions within a legal structure. This legal structure works with the governmental plan for the interest of the public and the law. The private administration is thought of as management of a private business and operate in a non-political way. However, it is more for an increase in profit. Public administration is the methodical and well thought out management of the concerns of the state to carry out the objective created by the government. Private administration pertains to the procedure, guidance, and organization of the proceeding of the business establishment. The different affairs that are conducted by the private entities or individuals are managed by the private administration. On the other hand, the affairs that are conducted by the local, central or state government are managed by the public administration (Kumar, 2016). The private and the public administration varies on the principles associated with public relations as public administration comprises of narrower content with respect to public relations, in the contrast to private administration.
In conclusion, administrative law safeguards a vast area and involves many types of allowable government policy and regulation. The many agencies operate under their own rules and regulations. The relationship between the Federal APA of 1946 and the Uniform State APA is the Act was created to set standards on how the rules and regulations are carried out and the Uniform Protection Act was established to provide support for the APA. Depending on the state, the requirements for public meetings along with emergency public meetings vary.
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