Lesser Known Aspects of the APA

In Florida, the Division of Administrative Hearings (DOAH) is the main player in the administrative procedure process. Other important agencies to know about are the Administration Commission, the Joint Administrative Procedures Committee (JAPC), and the Department of State. These agencies follow the rules of the Florida Administrative Procedure Act (APA). This article is not a step-by-step guide, but it gives important information about the APA. The Administration Commission in Florida was created by the state legislature and is made up of the governor and cabinet. It is responsible for making rules and decisions about administrative procedures. They also appoint the director of the Department of Administrative Hearings and hear appeals about the budget and personnel decisions. The commission keeps records of their decisions, but older records are not easily accessible. The meetings of the commission and cabinet are open to the public, and their agendas and minutes are available online. The Joint Administrative Procedures Committee (JAPC) is a group of lawmakers in Florida who make sure that state agencies follow the rules when they make new laws, called rules. They review the rules to make sure they don’t go beyond what the legislature allowed. They also write reports and give recommendations to the president and speaker of the House about any changes needed to the rules. Their reports are available online. They also have other resources, like a guide to Florida’s rule-making process. The Department of State and the Division of Administrative Hearings both have websites where you can find information about rules and orders from different state agencies. You can also sign up for email notifications about new rules and orders. The Department of State publishes the Florida Administrative Code and Florida Administrative Register online, which you can search to find specific information. In Florida, the Department of Administrative Hearings (DOAH) handles legal matters related to state agencies. The rules for this process are outlined in Florida Statutes Chapter 120. The Administration Commission oversees DOAH and can grant exemptions to some agencies. The Governor and Cabinet also have a role in handling administrative matters. For more information, you can visit the DOAH website or the Florida Legislature’s website. The Florida government has a website where you can find records of their meetings from 1995-2016. There are rules for how the government makes decisions and a committee that helps with the process. There are also rules for how disputes are handled, and a website where you can search for cases. These rules and processes help make sure the government is fair and transparent in its decision-making. Richard A. Belz is a retired lawyer and former judge, who used to practice Florida administrative law. He got his law degree from the University of Florida Levin College of Law in 1975.

Source: https://www.floridabar.org/the-florida-bar-journal/lesser-known-aspects-of-the-apa/