Legal Definitions - administrative act

An administrative act refers to an action taken by a government agency, public official, or administrative body in the course of carrying out its duties and implementing existing laws or policies. These acts are typically focused on the practical application of rules and regulations, rather than creating new laws (which is a legislative act) or resolving legal disputes between parties (which is a judicial act).

Administrative acts can involve making decisions, issuing permits, enforcing regulations, granting benefits, or providing public services. They are often ministerial, meaning they follow established procedures, or discretionary, meaning they involve some level of judgment within the bounds of the law.

• Example 1: A city's building department reviews and approves a construction company's application for a new commercial building permit. The department verifies that the plans comply with local zoning ordinances, building codes, and safety regulations before granting approval.

  Explanation: This is an administrative act because the building department, an administrative body, is taking action to implement existing city laws and regulations (zoning, building codes). It is not creating new law, nor is it resolving a legal dispute between two private parties; it is applying established rules to a specific request.

• Example 2: A state's Department of Motor Vehicles (DMV) issues a new driver's license to an individual who has successfully passed the required written and practical driving tests.

  Explanation: This action by the DMV is an administrative act. The DMV is an administrative agency, and issuing a license is a direct application of state laws and regulations governing who is eligible to drive. It's a routine function of government to provide a service and enforce compliance with established criteria.

• Example 3: The Environmental Protection Agency (EPA) issues a fine to a manufacturing plant found to be exceeding its permitted limits for air pollutant emissions, following an investigation and review of monitoring data.

  Explanation: This constitutes an administrative act because the EPA, a federal administrative agency, is enforcing existing environmental laws and regulations. Issuing a fine is an action taken to ensure compliance with established legal standards, based on its authority to investigate and penalize violations.