Administrative proceeding
Encyclopedia
An administrative proceeding is a non-judicial determination of fault or wrong-doing and may include, in some cases, penalties of various forms. They are typically conducted by government or military institutions.
In a military setting, a "Captain's Mast", held by a commanding officer of a U.S. Navy unit is one such administrative proceeding. As a consequence of the proceeding, the commander may impose non-judicial punishment
upon members of the command.
Various other 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 corporation
s 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.
In a military setting, a "Captain's Mast", held by a commanding officer of a U.S. Navy unit is one such administrative proceeding. As a consequence of the proceeding, the commander may impose non-judicial punishment
Nonjudicial punishment
Non-judicial punishment in the United States military, is a form of military justice authorized by Article 15 of the Uniform Code of Military Justice. Non-judicial punishment or "NJP" permits commanders to administratively discipline troops without a court-martial...
upon members of the command.
Various other 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 corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s 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
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
.
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
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
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.