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The federal APA (5 U.S.C. § 551 et seq.) provides for basic procedural safeguards in the federal regulatory system, and establishes and defines judicial review authority over the federal regulatory agencies. A major thrust of the APA is to ensure due process in the rulemaking and adjudication by administrative agencies.

In simplest terms, due process means fairness. The three most basic elements of due process are that those affected by the regulatory process are guaranteed notice, an opportunity to be heard, and a record for use in judicial appeals. The major statutory requirements of procedural fairness in the federal APA are paralleled in state administrative procedure acts.