Administrative orders are decisions made by government agencies through administrative courts on disputes with citizens. These agencies are authorized to create regulations, known as administrative law, to detail procedures for complying with the law. Administrative orders are relevant only to the regulations adopted by the agency and can be challenged in regular courts. An example of an agency that issues administrative orders is the United States Internal Revenue Service.
An administrative order is a decision made by a government agency through an administrative court judge on matters of dispute between citizens and the agency. Administrative courts have limited jurisdiction and draw power from a statute authorizing the creation of the agency and detailing its scope of regulatory oversight. Agency court orders and agency regulations constitute the body of administrative law of a jurisdiction.
Governmental systems based on the English tradition typically consist of the executive, legislative, and judicial branches. The judicial system of courts and judges has the primary authority to interpret the law of the land in civil and criminal matters. Some government agencies outside the judicial branch are set up by law to regulate aspects of life within a jurisdiction and are authorized to take the statute defining its authority and create working regulations to detail procedures for complying with the law. The process of an agency making and enforcing regulations based on a permitting statute is known as administrative law.
Most government agencies, especially those that regulate consumer conduct, have internal systems for resolving disputes between individuals and the agency. Some use a panel or commission that hears disputes. Others use an administrative law judge who presides over a proceeding that functions much like a regular court proceeding. In both cases, the judge or the panel issues a decision on the matter, called an administrative order. This order controls how a regulation is interpreted and applied in the future.
The administrative law process is external to the ordinary judiciary of a jurisdiction. Those who serve as administrative law judges or on commissions or panels are not necessarily lawyers and do not need any formal legal training. An administrative order is relevant only to the regulations adopted by the agency and has informative weight only in an ordinary court. In some cases, this type of order can be challenged in a regular court and sometimes in the highest court of a jurisdiction.
An example of an administrative agency that issues a stream of administrative orders is the United States Internal Revenue Service (IRS). The United States Internal Revenue Code establishes the country’s tax regime and authorizes the IRS to collect taxes from residents under the law. To help in its task, the IRS passes regulations that tell people when and how to file their taxes, and assesses fines and penalties for people who don’t follow the rules. The IRS can bring an action against a person for violating the rules and can issue a judgment or administrative order to resolve a tax dispute between the agency and a taxpayer.
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