Tuesday, May 10, 2011

Administrative Law

That branch of the law which deals with the activities of executive or administrative agencies, known sometimes as boards or commissions.  Examples of such agencies are licensing board, public utility commissions, workman's compensation boards, industrial commissions, and the like. Such commissions have the power to determine controversies, to fix rates, and to issue various kind of orders. The controversies may be between private administrative body.  In many respects, therefore, such agency is generally less formal than the procedure before a court. Proceedings before a court are usually denominated trails, while proceedings before administrative bodies are called hearings. In addition to deciding controversies, administrative agencies administer the law and also, to some degree, legislate, under appropriate statutory authority, and within the permissible limits of the statute. The legislature may enact a statute setting forth the broad objectives and the agency will be entrusted with the task of enacting specific rules and regulations to effectuate the purpose of the statute.  If a decision of an administrative body is of judicial nature, it may be reviewed by a court., but questions of fact will not ordinarily be reviewed if supported by adequate evidence.  A court may also determine whether the jurisdictional facts exist which are a necessary condition precedent to any action taken by the agency.

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