Administrative Law FAQ

1. What is the definition of Administrative Law?

Administrative Law is defined as “the body of law governing administrative agencies”. It is broken down to include administrative rules, regulations and procedures for government agencies and bodies; the scope of agency authority, in particular individual privacy; and enforcement powers of agencies.

2. What is the difference between a regulation and a statute?

The Legislature enacts statutes. The People of the State may also enact statutes and constitutional provisions. Administrative agencies adopt, amend and repeal regulations under the authority granted to them by either constitutional provisions or statutes. Unless the Legislature has created an exemption, agencies must follow the procedures in the Administrative Procedure Act when adopting, amending or repealing regulations.

3. What occurs at an administrative law hearing?

Administrative hearings are usually informal. The judge meets with representatives from the agency and the applicant seeking benefits. Each side presents its evidence and elicits testimony from witnesses. The hearing is often tape recorded, as opposed to recorded by a court reporter. The administrative law judge renders a decision called an administrative order, which may be reviewed by a higher level within the agency or by a court.

4. Who creates administrative agencies?

Administrative agencies are created by governments to administer particular legislation, such as the Social Security Act, Workmen’s Compensation Act, etc.