An administrative proceeding refers to a legal process or hearing that takes place within an administrative agency rather than a court. Administrative agencies are governmental bodies with the authority to create and enforce regulations and rules in specific areas of law. These agencies are responsible for administering and implementing laws and regulations that pertain to their respective fields.
Administrative proceedings typically involve matters such as licensing, regulatory compliance, disciplinary actions, rulemaking, and resolving disputes within the jurisdiction of the particular administrative agency. Examples of administrative agencies include the Securities and Exchange Commission (SEC), the Environmental Protection Agency (EPA), and the Federal Communications Commission (FCC).
During an administrative proceeding, the administrative agency acts as both the investigator and the adjudicator. The agency investigates alleged violations of its regulations or rules and holds hearings to determine whether the alleged violation has occurred and, if so, what action or penalty should be imposed.
The procedures followed in an administrative proceeding may vary depending on the specific agency and the nature of the case. Parties involved in an administrative proceeding have the right to present evidence, call witnesses, and cross-examine opposing witnesses. The administrative agency will ultimately issue a decision or order based on the evidence and arguments presented during the proceeding.
It’s important to note that administrative proceedings are separate from court proceedings. They provide a means for resolving disputes and enforcing regulations within the scope of the administrative agency’s authority. Parties who are dissatisfied with the outcome of an administrative proceeding may have the option to seek judicial review in a court of law, depending on the applicable laws and regulations governing the particular agency.