Legal Terminology - Administrative Law

reporters

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

department of government

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).

executive

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

delegation of powers

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.

promulgate

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

judicial review

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.

regulation

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

administrative law

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

substantive due process

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.

subpoena

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

administrative hearing

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

advisory opinion

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

quasi-judicial

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

regulatory agency

Administrative agency empowered to promulgate and enforce regulations.

federal agency

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

due process hearing

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

department

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

color (law)

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.

privacy

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

statutory

Benefits that are provided because the law requires it.

administrative agency

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

executive branch

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

adjudicatory

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

ripeness doctrine

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.

exhaustion of remedy

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

administrative notice

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

substantial evidence

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

Equal Employment Opportunity Commission (EEOC)

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.

Freedom of Information Act (FOIA)

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.

inspection laws

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).

licensor

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

in camera

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.

abuse of discretion

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

due process of law

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

Law enacted by a legislature; an act.

Federal Registrar

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).

declaratory provision

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".

administrative law judge

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

regulatory

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

administrative discretion

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

separation of powers

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.

administrative proceeding

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

hearing

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

rate making

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

official records

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

arbitrary and capricious

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.

administrative remedy

Remedy that the law permits an administrative agency to grant.

color of right

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

administrative act

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.

substantial evidence rule

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

hearing officer

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.

license

Special privilege, not a right common to everyone.

de novo review

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.

sunshine law

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

Administrative Procedure Act (APA)

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.

declaratory statute

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

Enabling Act

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

quasi-legislative

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

licensing

The act or process of granting or issuing a license.

rulemaking

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

hearing examiner

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

declaratory judgment

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.