Legal Terminology – Administrative Law

Judicial or administrative decisions so grounded in whim or caprice (against logic) that it amounts to a denial of justice.

Decision-making or quasi-judicial functions of an administrative agency (as opposed to judicial functions of a court).

Routine act by a public official, required by law, as opposed to an act based upon a decision involving a degree of choice; a ministerial act.

Board, commission, bureau, office, of department of the executive branch that implements the law originating in the legislative branch. EXAMPLE: the FBI.

Power to choose between courses of conduct in the administration of a public office or in carrying out a public duty.

A hearing before an administrative agency, as distinguished from a hearing before a court.

1. The body of law that controls the way in which administrative agencies operate. 2. Regulations and decisions issued by administrative agencies.

Person, generally a civil servant, who conducts hearings held by an administrative agency. Variously referred to as an ALJ, hearing examiner, or hearing officer.

Equivalent of judicial notice by an administrative agency; also referred to as official notice.

Statute enacted by Congress regulating the way federal administrative agencies conduct their affairs and establishes the procedure for judicial review of actions of federal agencies. Referred to as the APA.

Proceeding before administrative agency; distinguished from proceeding before a court.

Remedy that the law permits an administrative agency to grant.

A judicial interpretation of a legal question requested by the legislative or executive branch of government, or by private individual or corporation.

Reference to the concept in administrative law that permits a court to substitute its judgment for that of an administrative agency if the agency's decision unreasonably ignores the law or facts of a case.

An apparent legal right; seeming legal right; mere semblance of a legal right. Terms such as "color of authority", "color of law", and "color of right" generally refer to actions taken by government.

Right based upon color of authority, color of law, or color of office.

Standard of review under which the reviewing body may find the facts and review all issues without deference to the lower body's findings and conclusions.

Part of statute or ordinance that states the need that the legislation was enacted to fulfill, i.e., the statute's purpose. These often begin with the word "whereas".

a judgment that specifies the rights of the parties but orders nothing. It is a binding judgment and appropriate remedy for the determination of an actionable dispute when the plaintiff is in doubt as to his legal rights.

Statute enacted to clarify and resolve the law when the correct interpretation is in doubt.

1. Provision of Constitution by which each branch's powers are delegated to itself, i.e., executive powers are delegated to the executive branch of government and so on. 2. Delegation of constitutional power by one branch to another. Such delegation is only permissible if it is consistent with the principle of separation of powers set forth in the Constitution. 3. Transfer of power from president to an administrative agency.

Administrative unit within an organization. Examples include a branch, section, office, agency, bureau, unit, or division.

1. One of three divisions into which the Constitution separates the government of the United States. 2. A similar division in state government. 3. Administrative unit within a branch of government. Examples: Department of Justice (DOJ), or the Department of Commerce (DOC).

Administrative hearing held to comply with the due process clause. Example: A parole revocation hearing.

Law administered through courts, equally applicable to all, that does not violate principles of fairness. Due process of law is guaranteed by both the Fifth Amendment and the Fourteenth Amendment.

Statute that gives the governance the power to enforce other legislation or that carries out a provision of a constitution.

Federal agency whose purpose is to prevent and remedy discrimination based on race, color, religion, national origin, age, or sex with respect to most aspects of employment, including hiring, firing, promotion, and wages. The EEOC enforces many Civil Rights Acts and anti-discrimination statutes.

1. Person who enforces the law. 2. Person who manages or administers.

Branch of government that is primarily responsible for enforcing the laws.

Doctrine that when law provides an administrative remedy, a party seeking relief must fully exercise that remedy before the courts will intervene.

Administrative agency, board, bureau, commission, corporation, or institution of the federal government, usually in the executive branch.

Official publication, printed daily, containing regulations and proposed regulations issued by administrative agencies, as well as other rulemaking, and other official business of the executive branch. All regulations are published in the Code of Federal Regulations (CFR).

Federal statute that requires federal agencies to make available to the public, upon request, material contained in their files, as well as information on how the agencies function.

Proceeding in which evidence is introduced and witnesses are examined so that findings of fact can be made and a determination rendered.

Title of person who functions as a judge with respect to an administrative hearing.

Similar to hearing examiner in functioning as a judge for an administrative hearing. However, a hearing officer, unlike a hearing examiner, does not have the power to adjudicate his or her authority being limited to making recommendations to the appropriate administrative agency.

In chambers; in private. Term referring to a hearing or any judicial business conducted in the judge's office or in a courtroom that has been cleared of spectators and certain excepted parties.

Federal, state, and local laws designated to promote health and safety by protecting the public from hazards such as unsanitary processing of food, improper packaging of articles for sale, or unsafe working conditions. Example: Food inspection laws administered by FDA (Food and Drug Administration).

1. Review by a court of a decision or ruling of an administrative agency. 2. Review by an appellate court of a determination in a lower court.

Special privilege, not a right common to everyone.

The act or process of granting or issuing a license.

Grantor of a license. Examples: a state (Department of Motor Vehicles); a city (health department).

Records made by an official of the government in the course of performing her official duties.

As used in law, a reference to the right of privacy. Privacy is the right to be left alone.

1. Publish, announce, or proclaim official notice of a public act. 2. To issue a regulation.

A term applied to adjudicatory functions of an administrative agency, i.e., taking evidence and making findings of fact and findings of law.

Term applied to legislative functions of an administrative agency, such as rulemaking.

Process engaged in by a public service commission in establishing a rate to be charged to the public for a public service.

1. The act of regulating. 2. Rule having the force of law, promulgated by an administrative agency; the act of rulemaking.

Pertaining to that which regulates; pertaining to the act of regulation.

Administrative agency empowered to promulgate and enforce regulations.

1. Court reports, as well as official, published reports of cases decided by administrative agencies. 2. Court reporters.

Doctrine that an administrative agency or a trial court will not hear or determine a case, and an appellate court will not entertain an appeal, unless an actual case or controversy exists.

The promulgation by an administrative agency of a rule having the force of law, i.e., a regulation.

Principle of the Constitution which gives exclusive power to the legislative branch to make the law, to the executive branch to administer it, and to the judicial branch to enforce it.

Law enacted by a legislature; an act.

Benefits that are provided because the law requires it.

A command in the form of written process requiring a witness to come to court to testify; short for subpoena ad testificandum.

Evidence that a reasonable person would accept as adequate to support the conclusion or conclusions drawn from it; evidence beyond a scintilla.

Rule that a court will uphold a decision or ruling of an administrative agency if it is supported by substantial evidence.

A Right grounded in the Fifth Amendment and Fourteenth Amendment. Essence of these amendments is that government may not act arbitrarily or capriciously in making, interpreting, or enforcing the law.

State and federal statutes requiring that meetings and records of administrative agencies be open to the public.