The Burton Law Firm, P.C. has over 20 years of experience in this area
of the law. If you have questions about this subject please call us
at 713-222-6262; or email Randy Burton at randy@burton-lawfirm.com
or David Torok at david@burton-lawfirm.com.
Administrative Law
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What is administrative law (or regulatory law)?
The body of law that arises from the activities of administrative agencies of government.
Government agency action can include rule making, adjudication, or the enforcement of a specific
regulatory agenda. Administrative law is considered a branch of public law.
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Does administrative law deal both with the federal and with state and local governments?
Yes.
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Are there limits on governmental agencies?
Yes. They must act within constitutional parameters.
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What is FAPA?
The Federal Administrative Procedure Act (FAPA). The FAPA is a remedial statute designed to
ensure uniformity and openness in the procedures used by federal agencies. The Act is comprised
of a comprehensive regulatory scheme governing regulations, adjudications, and rule making in
general terms. The FAPA is the major source for federal administrative agency law, while state
agencies' administration and regulation are governed by comparable state acts.
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What is an administrative agency?
A governmental body charged with administering and implementing particular legislation.
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What is administrative authority?
The power of an agency or its head to carry out the terms of the law creating the agency as well as
to make regulations for the conduct of business before the agency.
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What are some common regulatory or administrative matters?
Civil rights, manufactured housing, civil service, unemployment, ad valorem taxes, worker's
compensation, immigration, broadcasting, transportation, and public utility issues.
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What is an administrative hearing?
An oral proceeding before an administrative agency consisting of argument or trial or both.
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What is the exhaustion of administrative remedies?
A doctrine which requires that where an administrative remedy is provided by statute, relief must
first be sought by exhausting such remedies before the courts will act.
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Who is an administrative law judge?
One who presides at an administrative hearing, with power to administer oaths, take testimony, rule
on questions of evidence, regulate course of proceedings, and make agency determinations of fact.
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What is an administrative order?
The final disposition of a matter before an administrative agency.
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What is an administrative remedy?
Procedure for allowing a person to assert a right to some kind of relief before an administrative
agency.
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