|
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)
|