What is Administrative Law?
Administrative law is a branch of law that governs the activities and decision-making processes of administrative agencies. These administrative agencies are responsible for implementing and enforcing laws and regulations, and include those agencies that are responsible for professional or occupational licensure. The North Carolina Board of Law Examiners, North Carolina Board of Nursing, North Carolina Licensing Board for General Contractors, North Carolina Criminal Justice Education and Training Standards Commission, and North Carolina Real Estate Commission are examples of administrative agencies that approve applications for professional or occupational license and discipline licensees for violations. Administrative law establishes the legal framework within which these agencies operate and defines the rights and duties of individuals affected by their decisions. Administrative a
Key elements of administrative law include:
- Administrative Agencies: These are government bodies or organizations tasked with specific functions, such as regulatory agencies, executive departments, or commissions.
- Rulemaking and Regulations: Administrative agencies have the authority to create rules and regulations that further define and implement laws passed by the legislative branch. These rules carry the force of law and guide the actions of individuals and businesses.
- Professional and Occupational Licensure: Administrative agencies overseeing professional occupations establish application requirements, review applications for licensure, and approve or deny an application for license. When an applicant has disclosed certain character and fitness issues, the licensing agency may conduct a character and fitness hearing.
- Adjudication: Administrative agencies often have the power to adjudicate disputes and make decisions in specific areas. This involves conducting hearings, taking evidence, and rendering decisions.
- Enforcement: Administrative agencies enforce compliance with laws and regulations within their jurisdiction. They may have investigative powers, the ability to impose fines or sanctions, and other enforcement mechanisms.
- Judicial Review: Decisions made by administrative agencies are subject to judicial review. This means that individuals or entities affected by an agency’s decision can seek recourse in the courts to ensure that the decision was made in accordance with the law.
Administrative law aims to strike a balance between giving government agencies the necessary authority to carry out their functions and protecting the rights of individuals and entities affected by their actions. It plays a crucial role in ensuring accountability, transparency, and fairness in the administrative process.
