Legal Definitions - administrative order

An administrative order is a formal directive or command issued by a government agency or an administrative official, rather than by a court. These orders are typically issued to enforce specific laws, regulations, or policies within the agency's area of authority. They carry the force of law and often require an individual or entity to take a particular action, cease an activity, or comply with certain conditions.

Here are some examples illustrating administrative orders:

• Environmental Compliance: Imagine a state's Department of Environmental Quality discovers that a manufacturing plant has been exceeding its permitted limits for air pollutant emissions for several months. After an investigation, the department issues an administrative order requiring the plant to immediately install new emission control technology, pay a fine for past violations, and submit regular reports demonstrating compliance. This is an administrative order because it comes directly from a government agency (the Department of Environmental Quality) to enforce environmental regulations, compelling the plant to take specific actions and imposing penalties without initial court involvement.

• Professional Licensing: Consider a state board responsible for licensing real estate agents. If the board receives credible evidence that a licensed agent has engaged in fraudulent practices, such as misrepresenting property details to clients, the board might conduct a hearing. Following the hearing, the board could issue an administrative order suspending the agent's real estate license for a period, requiring them to complete ethics training, and potentially imposing a monetary penalty. This is an administrative order because it is issued by a professional licensing body (an administrative agency) to regulate its licensees and enforce professional standards, directly affecting the agent's ability to practice their profession.

• Workplace Safety: A federal agency responsible for occupational safety and health conducts an inspection at a construction site and finds multiple serious violations, such as workers operating without proper fall protection. The agency then issues an administrative order to the construction company, mandating that they immediately correct the hazardous conditions, implement new safety protocols, and pay a fine for the violations. This exemplifies an administrative order because it is a directive from a government agency (the occupational safety and health agency) enforcing workplace safety laws, requiring the company to take immediate corrective action to protect its employees.