Administrative law is the practice of law before federal and state governmental administrative agencies, dealing with the creation and operation of those agencies and interpretation of the regulations they generate. Most administrative agencies function under the executive branch of government (either at the state or federal level), although there are some agencies created and functioning under both the legislative and judicial branches of government. Areas of governmental action which are handled administratively include employment discrimination, operation of police and fire departments, international trade, manufacturing, immigration, transport, taxation, environmental, gaming, broadcasting, occupational safety and health (OSHA), workers compensation and Social Security Disability, just to name a few.
Examples of Administrative Agencies
For example, the Department of the Interior promulgates environmental regulations; the Federal Communications Commission regulates broadcasting; the Internal Revenue Service is empowered to handle taxation; and the Department of Labor handles labor regulations.
Administrative Agency Powers
Administrative agencies make rules, regualtions and policies, judge whether they have been broken, and decide best how to enforce them. Federal administrative agencies are empowered by Congress; whereas, Nevada state administrative agencies are empowered by the Nevada state legislature. The purpose of agencies is to protect a public interest such as protecting the environment or raising revenue for the public good; so, administrative law is public law.
The Administrative Procedure Act Governs
Since 1946, the Administrative Procedure Act (APA) has governed how administrative agencies propose and establish regulations and requires that the due process guarantees of the United States Constitution are provided; federal courts have the power to directly review agency decisions. In Nevada, the APA equivalent is found in Chapter 233B of the Nevada Revised Statutes.
Code of Federal Regulations Houses all Regulations
The Code of Federal Regulations (CFR) houses all the rules established by federal executive departments and agencies, as published in the Federal Register. The CFR contains 50 general subjects, identified by title, and is updated annually.
Nevada Regulations and Rules
The state of Nevada has its own code of rules and regulations; it’s called the “Nevada Administrative Code.” or “NAC” as it is commonly known; If you see the acronym, “NRS,” Similarly, Nevada’s laws or “statutes” are contained in the “Nevada’s Revised Statutes” or “NRS” as it is commonly known. Statutes are the written laws passed by the state legislature.