Administrative Law
Administrative law is a branch of law that contains the legal principles governing the administration and regulation of federal and state government agencies. It is considered a branch of public law and commonly called regulatory law. Decision making in the daily activities of various federal and state agencies is governed by administrative law.
Most government agencies in the U. S. are established under the executive branch of government. The executive branch is led by the president. It controls the federal executive departments, which are led by secretaries who are members of the U. S. Cabinet. Even though many of the important independent agencies of the federal government created by statutes enacted by Congress exist outside of the federal executive departments, they are part of the executive branch of the government. Administrative law stands as a key to the functioning of these agencies and departments and ensures smooth running of the government.
Inside Administrative Law
- Main Ways to Obtain Information
- Relation of Administrative Process to Legal Process
- Advantages of Administrative Process
- Collaboration of Administrative Agencies and Courts
- Role of Attorney General in Advising Administrative Agencies
- Administrative Agency Opinions
- Administrative Conference of the United States
- Administrative Procedure Acts
- Federal Administrative Procedure Act
- State Administrative Procedure Acts
- Administrative Procedure Act – Alabama
- Administrative Procedure Act – Alaska
- Administrative Procedure Act – Arizona
- Administrative Procedure Act – Arkansas
- Administrative Procedure Act – California
- Administrative Procedure Act – Colorado
- Administrative Procedure Act – Connecticut
- Administrative Procedure Act – Delaware
- Administrative Procedure Act – District of Columbia
- Administrative Procedure Act – Florida
- Administrative Procedure Act – Georgia
- Administrative Procedure Act – Hawaii
- Administrative Procedure Act – Idaho
- Administrative Procedure Act – Illinois
- Administrative Procedure Act – Iowa
- Administrative Procedure Act – Kansas
- Administrative Procedure Act – Louisiana
- Administrative Procedure Act – Maine
- Administrative Procedure Act – Maryland
- Administrative Procedure Act – Massachusetts
- Administrative Procedure Act – Michigan
- Administrative Procedure Act – Minnesota
- Administrative Procedure Act – New Hampshire
- Administrative Procedure Act – New Jersey
- Administrative Procedure Act – New Mexico
- Administrative Procedure Act – North Carolina
- Administrative Procedure Act – North Dakota
- Administrative Procedure Act – Ohio
- Administrative Procedure Act – Oklahoma
- Administrative Procedure Act – Pennsylvania
- Administrative Procedure Act – Puerto Rico
- Administrative Procedure Act – South Carolina
- Administrative Procedure Act – South Dakota
- Administrative Procedure Act – Washington
- Administrative Procedure Act – Wisconsin
- Administrative Procedure Act – Wyoming
- Administrative Procedure Act – Montana
- Administrative Procedure Act – Nebraska
- Administrative Procedure Act – Nevada
- Administrative Procedure Act – New York
- Administrative Procedure Act – Oregon
- Administrative Procedure Act – Tennessee
- Administrative Procedure Act – Texas
- Administrative Procedures Act – Kentucky
- Administrative Procedure Act – Utah
- Administrative Procedure Act – Vermont
- Administrative Procedure Act – West Virginia
- Administrative Procedures Act – Missouri
- Administrative Procedures Act – Rhode Islands
- Administrative Procedures Act – Virginia
- Administrative Procedures Act – Indiana
- Administrative Procedures Act – Mississippi
- Administrative Agencies
- Creation and Establishment
- Meaning of “Agency” under Federal Administrative Procedure Act
- Meaning of “Agency” under State Administrative Procedure Acts
- Agencies as State Not Local Entities
- Agencies as Judicial Bodies or Courts
- Quasi-Judicial Functions
- Agencies as Legislative or Executive
- Agencies as Independent or Subordinate
- Statutes Relating to Agencies
- Members and Officers of Agencies
- Appointment of Members and Officers
- Changes in Membership of Agency
- Disqualification of Members or Officers of Agency
- Grounds for Disqualification of Members or Officers
- Powers and Functions of Administartive Agencies
- Characterization and Classification of Administrative Powers
- Source of Powers
- Legislative Standards
- Ratification and Validation
- Construction of Statutes Granting Powers
- Limitations on Manner of Exercise
- Fundamental Fairness and Due Process
- Implied and Inherent Powers
- Discretionary Powers
- Limitations on Discretions
- Ministerial Powers
- Power to Charge Fees for Services
- Separation of Powers of Government
- Encroachment by Agency on Adjudicative Functions of Judicial Branch
- Combining Investigative, Prosecutorial, and Judicial Powers
- Agency Delegation to Subordinates
- Agency Delegation to Subordinates under Federal Law
- Agency Delegation Implied from Statute or Nature of Agency
- Type of Agency Power, as Affecting Whether Power may be Delegated
- Delegation of Powers to Private Parties
- Administrative Agency Interpretation of Laws
- Constitutional Claims Before Agencies
- Purpose of Administrative Interpretation; Clarifying Ambiguity
- Requirement that Agency Follow Courts
- Effect Given by Courts to Agency Statutory Interpretations
- Rule that Deference be Accorded to Administrative Interpretations
- Implied Legislative Approval of Administrative Construction
- Agency Meetings
- Number of Members Necessary to Act in a Meeting
- Requirement That Meetings Be Public; Sunshine Acts
- Electronic Meetings
- Exceptions to Public-Meetings Requirement; Executive Sessions
- Meetings Between Attorney and Agency
- Notice of Meetings
- Standing to Bring Action for Possible Violation of Public-Meeting Law
- Procedure for Closing Meeting
- Agency Minutes, Records, and Reports
- Inspection of Records and Papers of Administrative Agencies
- Types of Administrative Agency Action: Rulemaking, Adjudication, Investigation
- Administrative Agency Investigations
- Statutory Authorization
- Purpose
- Relevancy and Factual Basis
- Specific Investigatory Methods
- Specificity
- Requirement To Keep Accounts, Records, Reports, Or Statements
- Persons Subject to Investigation
- Witnesses and Evidence
- Constitutional and Other Rights Affected by Investigation
- Searches and Seizures
- Probable Cause for Searches
- Exceptions to the Warrant Requirement
- Employee Drug Testing
- Subpoenas for Records
- Constitutional Issues Regarding Self Incrimination
- Effect of Grant of Immunity
- Due Process; Right to Confrontation
- Right to Counsel
- Statutory Right to Counsel; Federal Administrative Procedure Act
- Privileges of Witnesses
- Enforcement of Administrative Orders or Subpoenas
- Necessity of Court Proceedings for Enforcement
- Enforcement Procedure
- Enforceability of Subpoenas
- Enforcement Order
- Appeal of Enforcement Order
- Administrative Agency Rulemaking
- Express or Implied Authority for Rulemaking
- Limits on Authority to Make Rules
- Legislative Nature of Rulemaking
- Agency Discretion in Rulemaking
- Rulemaking Defined Under the Federal APA
- Rulemaking Defined Under the Model State APA
- Rulemaking Distinguished from Other Agency Action
- Agency Discretion to Act through Rulemaking or Adjudication
- Types of Rules and Agency Statements
- Legislative Rules
- Interpretative Rules
- Procedural Rules; Policy Statements
- Federal Procedure for Adoption of Rules
- Step One:Notice
- Publication of Notice
- Contents of Notice
- Adequacy of Notice
- Step Two: Comment and Hearing
- Opportunity for Comment; Hearing Not Required
- Response to Comment
- Length of Comment Period
- Reliance on Agency Knowledge and Expertise
- Necessity of Hearing
- Formal Rulemaking
- Negotiated Rulemaking
- Step Three: Adoption of New Rule
- Step Four: Publication of New Rule
- Time of Publication; Effective Date
- Regulatory Flexibility Act
- Exceptions to Rule-making Procedures
- Rules Regarding Foreign Affairs
- Rules Regarding Military Function
- Rules Regarding Management
- Nonsubstantive Rules
- Interpretive Rules
- Good Cause Exceptions to Standard Rule Making Procedures
- Rulemaking Procedures Under Model State Administrative Procedure Act
- Amendment and Repeal of Rules
- Amendment or Repeal of Judicially-Approved Rule; Reasons for Change
- Amendment of Rules by Adjudication
- Amendment and Repeal of Rules Under the Model Administrative Procedure Act
- Federal Petitions for Amendment or Repeal
- Disposition of Rule-Making Petitions
- State Petitions for Amendment or Repeal of Rules
- Validity of Rules
- Proceedings to Determine Validity of Rules
- Effect of Rules
- Violation of Rules
- Prospective and Retroactive Effect of Rules
- Construction of Rules
- Enforcement of Rules
- Licensing by Administrative Agencies
- Grant or Denial of License
- Application Process
- Hearing Requirement
- Initial Licenses
- Restrictions on Granting Licenses
- Notice and Grounds for License Denials
- Judicial Review of License Denials
- Withdrawal, Suspension, Revocation and Annulment of Licenses
- Nonrenewal of Licenses
- Renewals and Extensions of Licenses
- Administrative Agency Adjudications
- Adjudicatory Procedure under Federal APA
- Adjudicatory Procedure under State Statutes – Generally
- Rules Governing Adjudicatory Proceedings
- Limitations of Adjudicatory Actions
- Consent and Waiver of Jurisdiction
- Jurisdiction
- Declining Jurisdiction
- Loss or Termination of Jurisdiction
- Institution of Proceedings
- Notice of Proceedings
- Appearance and Waiver of Notice
- Pleadings in Adjudicatory Proceedings
- Complaints
- Responsive Pleadings
- Amended and Supplemental Pleadings
- Dismissal and Discontinuance of Pleadings
- Adjudicatory Hearings
- Right to a Formal Hearing
- Postdeprivation Hearing
- Informal Adjudication
- Summary Adjudication
- Settlement by Consent
- Parties to Administrative Adjudications
- Agency as a Party
- Intervention in Administrative Adjudications
- Class Actions
- Hearing Officers
- Powers of Administrative Law Judges
- Discipline and Removal of Administrative Law Judges
- Disqualification or Substitution of Administrative Law Judges
- Ex Parte Contacts
- Representation by Counsel at Agency Adjudications
- Right to Counsel in Agency Adjudications
- Discovery Process in Agency Adjudications
- Jencks Discovery
- Discovery under Freedom of Information Act
- Pre-hearing Conferences
- Scheduling of Adjudicative Hearings
- Evidence and Witnesses
- Subpoenaing Evidence and Witnesses
- Witness Fees
- Presentation of Evidence
- Sequestration of Witnesses
- Swearing of Witnesses
- Rules of Evidence
- Rules Applicable to Deposition Testimony
- Admissibility of Illegally Obtained Evidence
- Rules Applicable to Expert and Opinion Testimony
- Admissibility of Hearsay
- Admissibility of Records and Documentary Evidence
- Cross Examination in Adjudicative Hearings
- Burdens of Proof in Adjudicative Hearings
- Initial or Recommended Decision
- Proposed Findings and Conclusions; Exceptions
- Review of Initial Decision by Agency
- Power to Adopt Initial Decision
- Power to Remand Case or Take Additional Evidence
- Final Decision and Order
- Declaratory Orders
- Content of the Adjudicative Record
- Rehearing or Reconsideration
- Power to Revise Administrative Orders
- Petitions for Rehearing
- Procedure on Rehearing
- Attorney’s Fees in Administrative Adjudications
- Equal Access to Justice Act
- Judicial Review of Agency’s Fee Determination
- Alternative Means of Dispute Resolution
- Judicial Review of Administrative Decisions
- What Judicial Review Embraces
- Judicial Role
- Right To Judicial Review of Federal Agency Decisions
- Right to Judicial Review of State Agency Decisions
- State Courts
- Statutory and Nonstatutory Bases of Jurisdiction for Judicial Review
- Constitutional Right to Judicial Review
- Federal-Question Jurisdiction for Review of Administrative Decisions
- Federal Diversity Jurisdiction for Review of Administrative Decisions
- Mandamus Jurisdiction for Review of Administrative Decisions
- Jurisdiction of Federal Courts of Appeal for Review of Administrative Decisions
- Review under Hobb’s Act
- Jurisdiction and Venue in State Courts for Review of Administrative Decisions
- Standing of Parties in Review of Administrative Decisions
- Standing under Federal Administrative Procedure Act
- Standing under Model State Administrative Procedure Act
- Necessity for Waiver of Sovereign Immunity in Judicial Review of Administrative Decisions
- Standing of Persons Adversely Affected or Aggrieved
- Rights of Particular Persons to Assert Standing
- Standing of Third Persons
- Standing in Class Actions
- Taxpayer Standing
- Standing of Groups or Organizations
- Standing of States and Municipalities
- Hobbs Act Standing to Seek Review in Court of Appeals
- Scope of Review
- Type of Agency Action as Affecting Scope of Review
- Preclusion of Judicial Review
- Ripeness of Question for Judicial Review
- Matters Not Amounting to Final Agency Action and Therefore Not Reviewable
- Exceptions to Finality Requirement for Judicial Review
- Exhaustion of Administrative Remedies
- Primary Jurisdiction Doctrine
- Judicial Review of the Merits
- Standards of Review of Agency Actions
- Judicial Review of Legal Questions and Mixed Questions of Law and Fact
- Judicial Review of Fact Questions
- Remedies Available through Judicial Review
- Declaratory Judgments
- Temporary Remedies and Stays
- Injunctions
- Habeas Corpus
- Money Damages
- All Writs Act
- Procedure to Obtain, and Present Questions for Review
- Instituting Proceedings
- Presenting and Preserving Issues Before Agency
- Practice and Procedure on Review
- Record on Review
- Supersedeas and Stay of Proceedings on Review
- Presumptions and Burden of Proof on Review
- Decisions on Review: Affirm, Reverse, Remand, Vacate or Modify
- Further Appellate Review
- Liability of Administrative Agencies
- Questions and Answers
- Sitemap
