Administrative law is the body of law that governs government agencies. It covers how agencies create regulations, decide individual cases, and enforce the laws they have authority to carry out.
It affects daily life more than most people realize. Disability benefits, immigration applications, professional licenses, and workplace safety rules all involve administrative law.
This guide explains where administrative law comes from, how agencies make decisions, and how courts review their actions. It also covers the legal work these cases create for law firms.
What Is Administrative Law?
Administrative law is the area of law that controls how government agencies use their authority.
Agencies such as the Social Security Administration (SSA), Environmental Protection Agency (EPA), and state licensing boards operate under administrative law.
Congress and state legislatures pass laws that establish agency powers. Agencies then use those powers to issue regulations, enforce legal requirements, and decide certain disputes.
Administrative law sets limits on what agencies can do. It also establishes procedures they must follow.
For example, the SSA reviews disability benefit claims. Administrative law helps determine how those claims are processed, how decisions are made, and when someone can appeal.
Where Does Administrative Law Come From?
Administrative law draws on four main sources:
Together, these sources define what agencies can do and how their decisions may be challenged.
Why Is Administrative Law Important?
Administrative law matters because government agencies make decisions that affect people and businesses.
These decisions can determine whether someone receives disability benefits, obtains a professional license, or faces a regulatory penalty.
Administrative law provides rules for those decisions. It also gives people ways to challenge certain agency actions.
For example, a business may contest a workplace safety citation. A person denied government benefits may request further review.
Without these procedures, it would be harder to hold agencies accountable for how they use their authority.
How Do Administrative Agencies Make and Enforce Rules?
Government agencies perform three main functions: rulemaking, adjudication, and enforcement.
Each serves a different purpose.
Rulemaking
Rulemaking is the process agencies use to create or change regulations.
Many federal regulations follow a process called notice-and-comment rulemaking under the Administrative Procedure Act.
For example, OSHA may propose a workplace safety regulation and invite public feedback before adopting a final rule.
Source: 5 U.S.C. § 553, Rulemaking.
Adjudication
Adjudication is how agencies resolve individual cases or disputes.
For example, the SSA may decide whether someone qualifies for disability benefits. A state licensing board may decide whether to suspend a professional license.
Some cases involve formal hearings. Others are decided through written applications, records, and agency review.
The procedure depends on the agency and the type of case.
Enforcement
Enforcement involves checking whether people and businesses follow applicable laws and regulations.
Agencies may conduct inspections, investigate complaints, or issue penalties within their legal authority.
For example, OSHA may inspect a workplace and issue a citation for a safety violation.
A business may then have the right to contest that citation through the applicable administrative process.
What Does an Administrative Law Judge Do?
An administrative law judge (ALJ) conducts certain hearings involving government agencies.
An ALJ may review evidence, hear testimony, consider legal arguments, and issue a decision.
These hearings can resemble court proceedings. However, administrative hearings follow their own rules, which vary by agency and type of case.
For example, the Social Security Administration uses ALJs to hear certain appeals involving disability benefits.
How Do Social Security Disability Appeals Work?
Someone who disagrees with an initial Social Security disability decision generally has four levels of appeal available:
According to the Social Security Administration, claimants can request further review when they disagree with certain agency decisions.
Are All Agency Judges Administrative Law Judges?
No. Different agencies use different types of judges and hearing officers.
For example, immigration judges work within the Department of Justice's Executive Office for Immigration Review (EOIR).
They are not the same as federal ALJs appointed under the Administrative Procedure Act.
State agencies may also use hearing officers, administrative judges, or workers' compensation judges under separate procedures.
How Do Courts Review Agency Decisions?
Courts can review certain government agency decisions through a process called judicial review.
This allows a court to determine whether an agency acted within its legal authority and followed applicable legal requirements.
Under the federal Administrative Procedure Act, courts may set aside reviewable agency actions when they are:
- Arbitrary or capricious.
- Contrary to constitutional rights.
- Beyond the agency's legal authority.
- Made without following required procedures.
- Otherwise unlawful under the applicable standard of review.
However, not every agency decision can be challenged immediately in court.
Under 5 U.S.C. § 704, final agency action may be reviewable when the relevant legal requirements are met.
Some cases require parties to complete specific administrative appeal steps first. Other cases may not require additional agency review.
The right to judicial review depends on the governing statute, the agency action, and other legal requirements.
What Changed After Loper Bright?
On June 28, 2024, the U.S. Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo.
The decision overruled a legal principle known as Chevron deference.
Under Chevron, courts sometimes deferred to an agency's reasonable interpretation of an ambiguous federal statute.
Following Loper Bright, courts must exercise independent judgment when determining what a federal statute means.
Courts may still consider an agency's interpretation, but they do not automatically defer to it because a statute is unclear.
Importantly, the ruling did not automatically invalidate earlier court decisions that relied on Chevron.
Those decisions remain subject to the usual legal rules governing established precedent.
The decision changed how courts approach statutory interpretation. It did not eliminate agency authority or every form of judicial deference.
Earlier decisions that relied on Chevron were not automatically overturned. Source: Loper Bright Enterprises v. Raimondo, 603 U.S. (2024).
Source: Loper Bright Enterprises v. Raimondo, Supreme Court opinion, June 28, 2024.
What Are Examples of Administrative Law?
Administrative law applies whenever government agencies exercise powers granted to them by law.
Common examples include disability benefits, immigration applications, workplace safety, professional licensing, and environmental regulation.
These matters follow different procedures, but they share one important feature.
A government agency has authority to make decisions that affect an individual's or business's legal rights or obligations.
What Is a Real-Life Example of Administrative Law?
Consider someone whose Social Security disability claim has been denied.
The person may request reconsideration and submit additional medical evidence. If the claim remains denied, they may request a hearing before an ALJ.
The judge reviews the evidence and issues a decision under the rules governing the claim.
This is administrative law in practice because the dispute is handled through a government agency's decision-making and appeals process.
How Is Administrative Law Different From Other Types of Law?
Administrative law focuses on government agencies and how they exercise their authority.
Civil, criminal, and constitutional law address different legal issues, although these areas can overlap.
For example, an agency may revoke a professional license through an administrative proceeding.
The affected person may then argue that the agency violated their constitutional rights or failed to follow required procedures.
Some regulatory violations may also lead to separate civil lawsuits or criminal prosecutions.
The type of proceeding depends on the law involved.
What Work Does Administrative Law Create for Law Firms?
Administrative law matters often involve detailed records, agency notices, filing requirements, and deadlines.
Attorneys must understand the governing rules, gather evidence, and prepare arguments for agency review or hearings.
This work can also create recurring administrative tasks for legal support teams.
How Can Virtual Paralegals Support Administrative Law Cases?
Law firms with recurring administrative cases may need help keeping records, forms, and hearing materials organized.
Virtual paralegals can assist with document preparation, records management, deadline tracking, and legal research support.
For example, an immigration practice may need to collect supporting evidence, prepare draft forms, and monitor filing deadlines across many cases.
An immigration paralegal can help manage this workflow under appropriate attorney supervision.
Similarly, disability and workers' compensation cases may involve repeated medical records requests.
A remote legal support professional can help collect records, follow up on requests, and organize documents for attorney review.
These responsibilities must remain within the worker's qualifications and applicable legal rules.
Under ABA Formal Opinion 08-451, attorneys who outsource legal or nonlegal support remain responsible for competent legal services, appropriate supervision, and protecting client information.
Virtual legal professionals can support the work, but they cannot replace an attorney's legal judgment or independently provide legal advice.
Frequently Asked Questions About Administrative Law
What Are Three Examples of Administrative Law?
Three examples are a Social Security disability appeal, an immigration petition, and a professional licensing dispute.
Each involves a government agency applying laws and regulations to a particular matter. Depending on the case, the agency's decision may be challenged through an administrative appeal or judicial review.
Is Administrative Law Civil or Criminal?
Administrative law is generally part of public law, and many administrative proceedings are civil or regulatory.
Agencies may impose authorized civil penalties or take licensing actions. Criminal punishment, such as imprisonment, requires a separate criminal legal process.
Some regulatory violations can also lead to criminal prosecution.
What Do Administrative Law Lawyers Do?
Administrative law attorneys help clients with government agency matters.
They may prepare applications, respond to investigations, challenge regulatory decisions, represent clients at hearings, or seek judicial review.
Some focus on particular fields, such as immigration, Social Security disability, professional licensing, or environmental regulation.
Do You Need a Lawyer for an Administrative Hearing?
Not every administrative hearing requires an attorney.
Some agencies allow individuals to represent themselves or use qualified non-attorney representatives.
However, representation rules vary by agency and proceeding. An attorney may be particularly useful when a case involves complex evidence, disputed facts, or important legal rights.
What Is the Administrative Procedure Act?
The Administrative Procedure Act is a federal law enacted in 1946.
It establishes important rules for how federal agencies create regulations, conduct certain proceedings, and respond to judicial review.
State agencies generally follow separate state administrative laws and procedures.
Key Takeaways on Administrative Law
Administrative law governs how government agencies create rules, enforce legal requirements, and decide individual cases.
Its foundation includes statutes, the Administrative Procedure Act, agency regulations, and court decisions.
For law firms, administrative law matters can involve extensive documentation, evidence collection, filing deadlines, and hearing preparation.
