Legal Definitions - administrative proceeding

An administrative proceeding is a formal process conducted by a government agency to make a decision, resolve a dispute, or establish new rules. Unlike a traditional court trial, these proceedings take place before an administrative body, which has specific authority granted by law to oversee particular areas, such as environmental protection, professional licensing, or social benefits. These proceedings can involve hearings, investigations, or inquiries where evidence is presented and arguments are made, leading to an official determination or a new regulation.

Here are some examples of administrative proceedings:

• Professional License Revocation: Imagine a state board responsible for overseeing medical licenses receives a complaint alleging that a doctor has engaged in serious misconduct. The board initiates an investigation and, if sufficient evidence is found, schedules a formal hearing. During this hearing, the doctor has the opportunity to present their defense, call witnesses, and submit evidence to the board. After considering all information, the board makes a decision on whether to suspend or revoke the doctor's license.

  This is an administrative proceeding because a government agency (the state medical licensing board) is conducting a formal hearing to resolve a dispute (the complaint against the doctor) and make an official decision regarding the doctor's professional license.

• Environmental Rule-Making: The Environmental Protection Agency (EPA) proposes new regulations to reduce air pollution from certain types of industrial facilities. Before these rules can become law, the EPA holds public hearings and opens a period for public comment. During this time, affected industries, environmental advocacy groups, and the general public can submit written comments, present scientific data, and voice their concerns or support for the proposed regulations. The agency then reviews all input before finalizing the new rules.

  This illustrates an administrative proceeding because a government agency (the EPA) is conducting a formal process (public hearings and comment periods) to establish new rules and regulations, which is a quasi-legislative function.

• Unemployment Benefits Appeal: An individual is laid off from their job and applies for unemployment benefits, but their application is initially denied. They decide to appeal this decision. This leads to a hearing before an administrative law judge (ALJ) who works for the state's unemployment agency. At the hearing, the individual presents evidence of their job search and reasons for unemployment, while a representative from their former employer might also present information. The ALJ then makes a decision on whether the individual is eligible for benefits.

  This is an administrative proceeding because a government agency (the state unemployment agency, through its ALJ) is conducting a formal hearing to resolve a dispute (the denial of benefits) and make a binding decision on the individual's eligibility.