Administrative proceeding


Administrative proceeding

An administrative proceeding is a "non-judicial" determination of fault or guilt and may include in some cases penalties of various forms.

A "Captain's Mast", held by a commanding officer of a warship is one such proceeding. Various administrations of government (for example, a department regulating motor vehicles, air pollution, forestry practices, or real estate sales agents) may impose fines or revocation of permits or licenses upon persons or corporations for acts of commission or omission found to be violating operating, permitting, reporting, or other rules. Such rules are typically formulated in the "specific" by the administrative authority under "general authority" established and limited by "statute".

There may be additional paths of judicial appeal in some cases, provided all appeal paths internal to the administrative group have been exhausted., In general, such appeals are usually not based on the determination of fact (unless relevant evidence was not allowed to be presented), but rather on some legal theory that the administrative body exceeded its statutory authority, or that the administrative body did not follow its own established rules of procedure, or that the authorising statute itself or the subsequently derived rules are defective in some way, for example by being an unconstitutional infringement of some constitutional right. In these cases the case may be remanded to the authority for further examination and determination under the new rules established by the court or the administrative decision may be declared null and void with prejudice.


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Look at other dictionaries:

  • administrative proceeding — A proceeding in or before an administrative body, as distinguished from a proceeding in a Court. 1 Am J2d Adm L § 158. Any proceeding before an administrative agency which is not of such specific nature as to give it a more particular designation …   Ballentine's law dictionary

  • administrative — ad·min·i·stra·tive /əd mi nə ˌstrā tiv/ adj 1: of or relating to the performance of a function: ministerial administrative communications include...instructions that encourage a jury to continue its deliberations National Law Journal 2: of …   Law dictionary

  • proceeding — pro·ceed·ing n 1: a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a: an action, hearing, trial, or application before the court collateral proceeding: a… …   Law dictionary

  • proceeding — In a general sense, the form and manner of conducting juridical business before a court or judicial officer. Regular and orderly progress in form of law, including all possible steps in an action from its commencement to the execution of judgment …   Black's law dictionary

  • Administrative law — Administrative law …   Wikipedia

  • proceeding — In ordinary usage, including all methods of invoking the action of courts and applicable generally to any step taken by a suitor to obtain the interposition or action of a court. 1 Am J2d Actions § 3. An action. More particularly, any application …   Ballentine's law dictionary

  • administrative collateral estoppel — Principles of this estoppel doctrine apply when agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which parties have had adequate opportunity to litigate; threshold inquiry is whether earlier… …   Black's law dictionary

  • administrative collateral estoppel — Principles of this estoppel doctrine apply when agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which parties have had adequate opportunity to litigate; threshold inquiry is whether earlier… …   Black's law dictionary

  • administrative hearing — An oral proceeding before an administrative agency consisting of argument or trial or both. Procedural rules are more relaxed at such hearings as contrasted with civil or criminal trials; e.g. rules governing admissibility of evidence are usually …   Black's law dictionary

  • administrative hearing — An oral proceeding before an administrative agency consisting of argument or trial or both. Procedural rules are more relaxed at such hearings as contrasted with civil or criminal trials; e.g. rules governing admissibility of evidence are usually …   Black's law dictionary