Administrative Laws

What is Administrative Laws?

Administrative Laws in California
Administrative Laws in Florida
Administrative Laws in Texas
Administrative Laws in New York

Administrative Law in the United States is a branch of the law that is somewhat nebulous, as it deals with the agencies created to administer a large array of governmental programs. The administrative law system governs agencies, commissions, and boards. The public’s interaction with administrative law most often occurs in connection with some type of public benefit, which has been denied or terminated. For instance, when a family’s food stamp benefits are terminated because of a supposed program violation.

 

The American Administrative Law focus the executive independent agencies. These agencies grew in number in the early twentieth century and in 1946, the Congress enacted the Administrative Procedure Act. The APA is the law under which about 55 government federal regulatory agencies like the FDA make rules and regulations like Clean Air Act, Food Drug and Cosmetic Act and many others, which are essential in order to enforce major legislative acts. The Administrative law act also set processes for the United States Federal Courts so that they are able to review the agency decisions directly. The law under the APA is applicable to the federal executive agencies and also the independent agencies. Talking about administrative law and the administrative law and process, its basic purpose is to.

  • To keep the citizens of the country informed about their organization, rules and procedures
  • To allow the participation of the public in the process to make making
  • To make uniform standards for the conduct of formal rulemaking and adjudication
  • To define the scope of the laws

“Administrative law is that branch of public law which deals with the organization and powers of administrative and quasi-administrative agencies and prescribes the principles and rules by which an official action is reached and reviewed in relation to individual liberty and freedom.” – I.P Massey

Some of the government agencies in the United States are organized under the executive branch of the government, rather than the judicial or legislative branches. The departments under the control of the executive branch, and their sub-units, are often referred to as executive agencies.

 

The so-called Executive Agencies can be distinguished from the many important and powerful independent agencies that are created by statutes enacted by the U.S. Congress. Congress has also created Article I judicial tribunals to handle some areas of administrative law.

 

The actions of executive agencies independent agencies are the main focus of American Administrative Law. In response to the rapid creation of new independent agencies in the early twentieth century, Congress enacted the Administrative Procedure Act (APA) in 1946. Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to “legislate” (through rulemaking; see Federal Register and Code of Federal Regulations), “adjudicate” (through administrative hearings), and to “execute” administrative goals (through agency enforcement personnel). Because the United States Constitution sets no limits on this tripartite authority of administrative agencies, Congress enacted the APA to establish fair administrative law procedures to comply with the requirements of Constitutional due process.

Are Administrative Law Judges Unconstitutional?

What is Administrative Law?

Functions Of Administrative Law:

Some of the government agencies in the United States are organized under the executive branch of the government, rather than the judicial or legislative branches. The departments under the control of the executive branch, and their sub-units, are often referred to as executive agencies.

 

The so-called Executive Agencies can be distinguished from the many important and powerful independent agencies that are created by statutes enacted by the U.S. Congress. Congress has also created Article I judicial tribunals to handle some areas of administrative law.

 

The actions of executive agencies independent agencies are the main focus of American Administrative Law. In response to the rapid creation of new independent agencies in the early twentieth century, Congress enacted the Administrative Procedure Act (APA) in 1946. Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to “legislate” (through rulemaking; see Federal Register and Code of Federal Regulations), “adjudicate” (through administrative hearings), and to “execute” administrative goals (through agency enforcement personnel). Because the United States Constitution sets no limits on this tripartite authority of administrative agencies, Congress enacted the APA to establish fair administrative law procedures to comply with the requirements of Constitutional due process.

Effects Of Administrative Law:

The regulations are treated by the courts as being as legally binding as Statutory Law, provided the regulations are a reasonable interpretation of the underlying statutes.

 

For example, if Congress passed a law that simply stated that there are not to be “excessive” levels of Mercury in any significant body of water in the United States (but defined things no further), an entity designated, as part of the law, to enforce it (probably the United States Environmental Protection Agency) could define in a scientific way what an excessive level of Mercury is, as well as what constitutes a significant body of water. The Agency’s definitions and its plan of enforcement for what Congress intended (along with listed penalties for violation coming from Congress unless Congress specified otherwise) will all go into the CFR (Code of Federal Regulations).

Also, enabling legislation can be passed by Congress which gives federal non-Congressional entity wide latitude in creating rules (law of bases). For example, the United States Environmental Protection Agency could be designated by Congress to pass rules “that control harmful pollutants”; the Agency could then pass broad rules (including definitions and enforcement provisions), in the absence of existing specific laws, to control lead emissions, radon emissions, pesticide emissions, and so forth. Such rules, including any Congressional- or Agency-created definitions and enforcement provisions, will all go into the CFR.

 

The American Bar Association’s official journal concerning administrative law is the Administrative Law Review.

The Administrative law rules and regulations are issued by the federal administrative agencies and are published in the Federal Register is a chronological order after which they are noted topic wise in the Code of Federal Regulations.

Code of Federal Regulations (CFR):

  • Title 1 – General Provisions
  • Title 2 – Grants and Agreements
  • Title 3 – The President
  • Title 4 – Accounts
  • Title 5 – Administrative Personnel
  • Title 6 – Homeland Security
  • Title 7 – Agriculture
  • Title 8 – Aliens and Nationality
  • Title 9 – Animals and Animal Products
  • Title 10 – Energy
  • Title 11 – Federal Elections
  • Title 12 – Banks and Banking
  • Title 13 – Business Credit and Assistance
  • Title 14 – Aeronautics and Space
  • Title 15 – Commerce and Foreign Trade
  • Title 16 – Commercial Practices
  • Title 17 – Commodity and Securities Exchanges
  • Title 18 – Conservation of Power and Water Resources
  • Title 19 – Customs Duties
  • Title 20 – Employees’ Benefits
  • Title 21 – Food and Drugs
  • Title 22 – Foreign Relations
  • Title 23 – Highways
  • Title 24 – Housing and Urban Development
  • Title 25 – Indians
  • Title 26 – Internal Revenue
  • Title 27 – Alcohol, Tobacco Products and Firearms
  • Title 28 – Judicial Administration
  • Title 29 – Labor
  • Title 30 – Mineral Resources
  • Title 31 – Money and Finance: Treasury
  • Title 32 – National Defense
  • Title 33 – Navigation and Navigable Waters
  • Title 34 – Education
  • Title 35 – Panama Canal
  • Title 36 – Parks, Forests, and Public Property
  • Title 37 – Patents, Trademarks, and Copyrights
  • Title 38 – Pensions, Bonuses, and Veterans’ Relief
  • Title 39 – Postal Service
  • Title 40 – Protection of Environment
  • Title 41 – Public Contracts and Property Management
  • Title 42 – Public health
  • Title 43 – Public Lands: Interior
  • Title 44 – Emergency Management and Assistance
  • Title 45 – Public Welfare
  • Title 46 – Shipping
  • Title 47 – Telecommunication
  • Title 48 – Federal Acquisition Regulations System
  • Title 49 – Transportation
  • Title 50 – Wildlife and Fisheries

Find Administrative Lawyers by Location

Atlanta

Austin

Baltimore

Boston

Charlotte

Chicago

Cleveland

Columbus

Dallas

Denver

Detroit

Houston

Indianapolis

Jacksonville

Kansas City

Las Vegas

Los Angeles

Miami

Milwaukee

Minneapolis

Nashville

New York

Oklahoma City

Orlando

Philadelphia

Phoenix

Portland

Raleigh

St. Louis

San Antonio

San Diego

San Francisco

San Jose

Seattle

Tampa

Washington, DC

Find Administrative Lawyers in Top Counties

Alameda County, CA

Bexar County, TX

Broward County,  FL

Cook County, IL

Cuyahoga County, OH

Dallas County, TX

Harris County, TX

King County, WA

Kings/ Brooklyn County, NY

Los Angeles County, CA

Maricopa County, AZ

Miami-Dade County, FL

New York/ Manhattan County, NY

Orange County, CA

Philadelpia County, PA

Queens County, NY

Riverside County, CA

San Bernardino County, CA

San Diego County, CA

Santa Clara County, CA

Suffolk County, NY

Tarrant County, TX

Wayne County, MI

Find Administrative Lawyers in Top Metros

Chicago Metro, IL

Los Angeles-Long Beach Metro, CA

New York Metro, NY

Washington Metro, DC-MD-VA-WV

Find Administrative Lawyers By State

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Hawaii

Idaho

Illinois

Iowa

Indiana

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming