Legal Definitions - administrative law

Administrative law is the branch of law that governs the actions, powers, and procedures of government agencies. These agencies, established by legislative bodies like Congress or state legislatures, are responsible for implementing, administering, and enforcing specific laws. Administrative law ensures that these agencies operate within their legal authority, follow fair processes when making decisions or creating rules, and are accountable to the public and the courts.

Here are some examples of how administrative law applies in everyday situations:

• Imagine a new pharmaceutical drug is developed. Before it can be sold to the public, the Food and Drug Administration (FDA), a federal agency, must review it for safety and effectiveness. Administrative law dictates the specific, rigorous testing and application procedures the pharmaceutical company must follow, how the FDA evaluates the data, and the process for appealing an FDA decision if the drug is initially rejected. This illustrates how administrative law governs an agency's power to regulate an industry and protect public health through detailed procedures and decision-making.

• A local restaurant is inspected by the Department of Health, a state or local administrative agency, which finds several health code violations. The agency issues a citation and proposes a fine. Administrative law outlines the health department's authority to conduct inspections, the standards it uses to determine violations, and the restaurant owner's right to challenge the citation through an administrative hearing. This demonstrates administrative law's role in enforcing public safety standards and ensuring due process for those affected by agency actions.

• A company plans to build a new manufacturing plant and needs to obtain an environmental permit. The Environmental Protection Agency (EPA), a federal agency, has specific regulations regarding air and water pollution based on broader laws passed by Congress. Administrative law governs how the EPA develops these detailed regulations (a process called rulemaking), how the company applies for the permit, and what steps the company can take if it believes the EPA's permit requirements are unfair or incorrect. This highlights how administrative law enables agencies to create specific rules to implement broad legislative goals and provides a framework for interaction between businesses and government regulators.