Administrative agencies establish rules, and then act as both prosecutor and judge in determining whether the rules have been violated. True False
False.
Administrative agencies do not act as both prosecutor and judge in determining whether rules have been violated. Instead, they use judicial powers granted to them by the legislative branch to conduct administrative adjudication, which includes a variety of agency activities, except for rulemaking, ranging from routine processing of tax returns to final determination of national regulatory policies.34 Administrative adjudication is a process that culminates in the making of an 'order', which is a final disposition of an agency in a matter other than rule-making.6 Additionally, the report by Michael Asimow highlights that every country needs a system of administrative adjudication to resolve disputes between government agencies and private parties accurately, fairly, and efficiently.7 Therefore, administrative agencies play a crucial role in enforcing rules and regulations, but they do not act as both prosecutor and judge in determining rule violations.