Home About Us Attorneys Practice Areas Faqs Forms Testimonials Resources/Links Our Community
Hatch, Little & Bunn, L.L.P.
Faqs
Contact Us Directions Sitemap
Administrative Law

What is administrative law?
Administrative law is the body of law that arises from the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law, and as a body of law, it deals with the decision-making of administrative units of government.

What is the difference between a regulation and a statute?
The Legislature enacts statutes. Administrative agencies adopt, amend and repeal regulations under the authority granted to them by either constitutional provisions or statutes. Unless the Legislature has created an exemption, agencies must follow the procedures in the Administrative Procedure Act when adopting, amending or repealing regulations.

What is an Administrative Hearing?
An administrative hearing is a legal proceeding before an impartial Administrative Law Judge designed to review a state or local agency decision. Each party to an administrative hearing has a right to present and question witnesses, and submit or challenge documents regarding the decision. The result of the proceeding is a decision to affirm, modify, or set aside the original agency decision.

Who creates administrative agencies?
Administrative agencies are created by governments to administer particular legislation, such as the Social Security Act, or the Environmental Protection Act. Such agencies are delegated power by Congress (or in the case of a state agency, the state legislature) to act as agents for the executive.

How do administrative agencies administer law?
Administrative agencies administer law through the creation and enforcement of regulations. Most of these regulations pertain to providing some type of benefit to applicants. When an applicant objects to an agency's decision to deny, limit or terminate the benefits provided, he usually seeks to have the decision reviewed. This review is called an administrative hearing and is held before an administrative law judge.

Who is an Administrative Law Judge?
An Administrative Law Judge is a judge employed by the Office of Administrative Hearings who is charged with the duty of providing a fair and impartial hearing. The Administrative Law Judge is not employed by the regulating agency.

How does the administrative hearings process work?
Whenever a State agency takes an administrative action, the affected person receives notice. This notice of agency action must include the pertinent statutory and regulatory sections under which the agency is taking its action. It also must provide information regarding what, if anything, a person must do to receive a hearing. Anyone who decides to request a hearing must do so within the time frames set forth in the notice.

< Back to Frequently Asked Questions (FAQs)

Hatch, Little & Bunn, LLP
327 Hillsborough Street
Raleigh, NC 27603
Phone: (919) 856-3940
Fax: (919) 856-3950

 Name:
 

 
Phone:
 

 Email:
 

 How did you hear about Us?
 

 Comments:
 



 

© Hatch, Little & Bunn, LLP www.hatchlittlebunn.com
327 Hillsborough St. Raleigh, NC 27603 - Phone: (919) 856-3940 - Fax: (919) 856-3950
Administrative Law, Appellate Law, Bankruptcy, Loan Workouts, Collections, Criminal Law, Traffic Law, Environmental Law, Family Law, Homeowner's Association Law, Landlord / Tenant Law, Municipal / Zoning Law, Personal Injury, Probate, Estate Administration, Public Utilities Law, Wills
Serving: Raleigh, Durham, Chapel Hill, Research Triangle Park, Wake County, NC, North Carolina

Website by Consultwebs.com, Inc. – Webs for Lawyers, Law Firms