Administrative Law

Administrative Penalties and Fines Administrative agencies do more than issue regulations and conduct investigations. Many agencies also have authority to impose administrative penalties and fines when individuals, businesses, organizations, or other regulated entities violate statutes, regulations, licenses, permits, or agency orders. An administrative penalty is generally a financial sanction imposed Read more

Administrative Subpoenas, Inspections, and Searches Introduction Administrative agencies need information to enforce the laws they administer. A regulatory agency may need business records, financial documents, testimony, inspection results, laboratory samples, electronic information, or access to a regulated facility. Without investigative tools, many regulatory laws would be difficult or impossible to Read more

Administrative Investigations and Agency Enforcement Introduction Administrative agencies do not normally wait until a violation has been conclusively established before gathering information. Agencies investigate. An agency may inspect a business, request documents, interview witnesses, review government records, issue subpoenas, examine financial data, conduct testing, or investigate complaints from members of Read more

Administrative Orders and Final Agency Action Introduction Administrative agencies do more than create regulations. They also make decisions in individual cases. An agency may order a company to pay a civil penalty, deny a license, revoke a permit, require corrective action, determine eligibility for a government benefit, or direct a Read more

Evidence and the Administrative Record Introduction Administrative agencies often make decisions that affect licenses, benefits, permits, professional status, regulatory obligations, government contracts, and other important legal interests. When an agency must decide a disputed matter, it needs a factual basis for its decision. That factual basis comes from evidence. The Read more

Administrative Law Judges and Hearing Officers Administrative agencies do not simply make rules and enforce them. They also conduct hearings and resolve disputes. When an agency must determine whether a person violated a regulation, whether a license should be suspended, whether a government benefit should be granted, or whether an Read more

Administrative Hearings and Due Process Administrative agencies regularly make decisions that can have serious consequences for individuals and organizations. A professional may lose a license.A business may face a substantial penalty.A person may lose a government benefit.An employer may be ordered to change its practices.A regulated company may be prohibited Read more

What Is Administrative Adjudication? Administrative agencies do more than create rules. They also resolve disputes. When an administrative agency investigates a matter, conducts a hearing, determines facts, applies governing law, and issues a decision concerning particular parties, it may be engaging in administrative adjudication. In simple terms: Administrative adjudication is Read more

Challenges to Administrative Rules Administrative agencies exercise enormous regulatory power. They create rules that can affect businesses, professionals, consumers, employees, property owners, industries, and entire communities. But agency power is not unlimited. An administrative rule may be challenged when an agency exceeds its statutory authority, violates the Constitution, fails to Read more