An Administrative Conference perspective on the APA begins with the history of failed attempts to reform the APA. This does not mean that the APA's basic structure has not proved sound. For it has. Its weaknesses, if any, have been glossed over by judicial interpretation. Indeed, some of the reform bills may have attempted to do too much. Nevertheless, with the growth in the number of agencies, and the more adversarial atmosphere that attends today's regulated state, it is important that the APA remain a relevant document that permits application of innovation and fair and efficient procedure while serving as a unifying force in government operations.
This article traces five potential areas of revision to the APA that Congress should consider in order to preserve the guiding role of the APA in administrative procedure. This focus on statutory change highlights and accomodates the significant changes that have occurred over the past four decades.
Marshall J. Breger, The APA: An Administrative Conference Perspective, 72 VA. L. REV. 337 (1986).