Legal Dictionary: Administrative Law


DEFINITION

* Administrative Law is the body of law created by administrative agencies in the form of rules, regulations, orders and decisions to carry out the regulatory powers and duties of the agencies.

* Administrative agencies are government entities formed by Congress to implement the policies and procedures of a specific law. Congress creates an agency if it determines that a separate body will best perform certain functions. The policies and procedures are usually complex and require a specific, separate entity to carry them out.

* The codification of federal Administrative Law is contained in the Code of Federal Regulations (CFR). Updates to the CFR are published daily in the Federal Register. States also have administrative codes, which are codifications of the state's regulations. Updates to state administrative codes are usually also called "registers."

Administrative Law Judge -
One who presides at an administrative hearing, with power to administer oaths, take testimony, rule on questions of evidence, regulate the course of proceedings and make agency determinations of fact.

Agency -
A governmental body charged with implementing and administering particular legislation.

APA -(Administrative Procedure Act) A federal law enacted in 1946 governing practice and proceedings before federal administrative agencies.

CFR -(Code of Federal Regulations) A codification of the rules published in the Federal Register by the executive departments and agencies of the federal government. The CFR is divided into 50 titles representing broad areas subject to federal regulation.

Federal Register - A daily publication in which the U.S. administrative agencies publish their rules and regulations, including proposed rules and regulations for public comment.

Hearing - A proceeding generally less formal than a trial, generally public, with definite issues of fact or of law to be tried, in which witnesses are heard and evidence is presented.

Regulation - A rule or order, having legal force, issued by an administrative agency or a local government.

PRACTICE AREA NOTES
* Attorneys who practice Administrative Law usually practice before an administrative body, such as the (state) Workers' Compensation Appeal Board or the (federal) National Labor Relations Board.

* Administrative Law impacts many legal practice areas, because the regulations that must be followed are promulgated by administrative agencies. Some common examples are Environmental Law (EPA), Telecommunications Law (FCC) and Immigration Law (INS).

* To understand Administrative Law, it's important to understand the difference between a statute and a regulation.

* A statute is an enactment of a legislative body (federal, state, county or city). It is generally referred to as a law. The federal statutes are contained in the United States Code, or U.S.C. It is updated by the federal legislative service, United States Code Congressional & Administrative News (USCC&AN).

* A regulation is issued by an agency or department, such as the EPA, to carry out law intended by Congress. Federal regulations are compiled in the Code of Federal Regulations, or CFR. They are updated in a publication known as the Federal Register.

Adoption Law

An adoption can raise a number of legal issues for all involved -- including parents placing a child for adoption, parents seeking to adopt, and adopted children. Legal hurdles in an adoption can include obtaining legal consent to adopt, filing an adoption petition, resolving special issues for same-sex couples, and complying with strict procedural requirements for international adoptions. No matter how simple or complex, all adoptions must ultimately be approved by court order.