ADMINISTRATIVE LAW

Administrative law is broken into several interrelated parts. They are as follows:

  • administrative rules,
  • regulations and procedures for government agencies and bodies;
  • the scope of agency authority, in particular individual privacy;
  • enforcement powers of agencies
  • and access to information about government also comes within administrative regulations.

Administrative law encompasses laws and legal principles governing the administration and regulation of government agencies (both Federal and state). 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. Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights.

Governmental agencies must act within Constitutional parameters. These and other limits have been codified into statutes such as the Federal Administrative Procedure Act (FAPA) and state analogs.
The FAPA is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies. The Act is comprised of a comprehensive regulatory scheme governing regulations, adjudications, and rule making in general terms. The FAPA is the major source for federal administrative agency law; while state agencies' administration and regulation are governed by comparable state acts.

Administrative law is the body of law created by administrative agencies in the form of rules, regulations, procedures, orders, and decisions. Administrative agencies (federal, state, or municipal) perform regulatory functions such as licensing, rulemaking, and enforcing. The basic procedural standards for federal agencies are set forth in the Administrative Procedure Act (5 USC §551 et seq.). Most states also have administrative procedures act. Through delegation, agencies are given the power to make policy (rulemaking) and to apply policies in individual cases (adjudication).

To navigate the governmental agencies and their laws and regulations you will need an attorney who practices administrative law. An administrative law lawyer will guide you through the administrative law maze.