Administrative Law

Brien Roche

Administrative Law Differs From Civil or Criminal

Administrative law is a branch of law that is separate and distinct from civil or tort law. It likewise is separate and distinct from criminal law.

Probably the easiest way to think of the different branches of the law is that the law is threefold. It has civil, criminal and administrative aspects.  The civil aspect deals with non-criminal proceedings. A judge or jury decides these. Money or property is at stake.

Criminal and Administrative

The government begins criminal actions. They are against an individual or company. The government alleges a law violation. The government seeks jail time or a fine. Administrative agencies begin administrative cases normally. The administrative agency is a branch of the local, state or federal government. These are against an individual or entity.  An individual or entity may also start an administrative claim against an administrative branch of government. No one seeks jail time. They are about money. They may also be about the right to do certain things. An example would be a request for a zoning change. Call, or contact us for a free consult.

Administrative Law Is Outgrowth Of Statutes

Typically when the law making body passes a law they write the law in rather general terms.  The body that passes the law usually does not have the time to fine tune the law. They write the laws broadly. When a local governing body passes a law they may state within the law that the administrative branch of that government is to print regulations. The regulations or rules will state how the law is to be enforced and/or interpreted.  Those administrative rules or regulations are law. They are the basis upon which that administrative agency then enforces the law.

Trying to be more specific, a local governing body passes a zoning ordinance.  The zoning office then publishes certain  rules and/or regulations. These rules will define how the zoning office is interpreting the zoning law passed by the legislative body.  The regulations by the zoning office are law.

Administrative Law at the Federal Level

At the federal level, the U. S. Congress passes laws. Within the law they may delegate the rule making function to the administrative body. The administrative agency then puts out regulations. These implement the law.  That rule making process is rather complex. Once the rules  have been adopted then those rules become “the law”. They are the law as to how that department will enforce the law passed by the U. S. Congress. To put it another way the law making body passes “the meat”. The administrative body gives out the tools. The tools control how to cut “the meat”.

Call, or contact us for a free consult. Also find more information on this topic see a book that I have written entitled Law 101.  

For more information on administrative law see the pages on Wikipedia.