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administrative law |
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administrative law, law governing the powers and processes of administrative agencies. The term is sometimes used also of law (i.e., rules, regulations) developed by agencies in the course of their operation. In the United States, where federal and state governments are intended to maintain a tripartite (legislature, executive, judiciary) balance of powers, administrative law deals primarily with questions of the propriety of the granting of powers (as by Congress) to, or of the assumption of powers (as by executive agencies) by, bodies not originally envisioned as exercising them, and with judicial checks on their actions. Administrative agencies, either independent (e.g., the Federal Deposit Insurance Corporation Federal Deposit Insurance Corporation (FDIC), an independent U.S. federal executive agency designed to promote public confidence in banks and to provide insurance coverage for bank deposits up to $100,000. ..... Click the link for more information. and Federal Aviation Administration Federal Aviation Administration (FAA), component of the U.S. Department of Transportation that sets standards for the air-worthiness of all civilian aircraft, inspects and licenses them, and regulates civilian and military air traffic through its air traffic control ..... Click the link for more information. ) or part of the executive branch (e.g., the U.S. Department of Agriculture Agriculture, United States Department of, federal executive department established in 1862, whose head was made a cabinet member in 1889. The department administers federal programs related to food production and rural life. ..... Click the link for more information. ), are created, under constitutional provisions (enabling clauses), by statute or by executive order authorized by statute. The use of administrative agencies in the United States dates from 1789, when legislation first provided for the administration of customs laws, regulation of oceangoing vessels, and payment of pensions to veterans. But it was in the late 19th cent., with the growth of public transportation and public utilities, that agencies began to play a major role in American life. Passage of the Interstate Commerce Act and establishment of the Interstate Commerce Commission Interstate Commerce Commission (ICC), former independent agency of the U.S. government, established in 1887; it was charged with regulating the economics and services of specified carriers engaged in transportation between states. Over time, and especially during the New Deal New Deal, in U.S. history, term for the domestic reform program of the administration of Franklin Delano Roosevelt ; it was first used by Roosevelt in his speech accepting the Democratic party nomination for President in 1932. In reaction to the great expansion of agency activity, the Federal Register Act of 1935 required the recording of executive agency actions and procedures in the Federal Register, and the collection of this body of "law" in the Code of Federal Regulations began. The Federal Administrative Procedure Act (1946) provided uniform standards of procedure. The APA guarantees the right of judicial review to any person "suffering legal wrong because of any agency action"; in general, administrative actions will be set aside only for abuse of discretion. Under European legal codes, special administrative courts review the actions of administrative agencies; in common law common law, system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local BibliographySee C. H. Koch, Administrative Law and Practice (1985). administrative lawLaw regulating the powers, procedures, and acts of public administration. It applies to all public officials and public agencies. As distinguished from legislative and judicial authority, administrative authority entails the power to issue rules and regulations based on statutes, grant licenses and permits to facilitate the conduct of government business, initiate investigations of and provide remedies for complaints or problems, and issue orders directing parties to conform to governing statutes or rules. An administrative-law judge is a government official with quasi-judicial powers, including the authority to conduct hearings, make findings of fact, and recommend resolution of disputes concerning the agency's actions. |
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The administrative law judge's ruling stemmed from a count of
union authorization cards signed by workers between March 2003 and March
2004. Libert specializes
in administrative law, zoning, land use planning and related litigation. Mullan has a background in administrative law and regulatory
litigation and is a graduate of the University of Virginia School of Law
and the University of Pennsylvania. |
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