Administrative Discretion

Administrative Discretion

The exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decision or performing official acts or duties.

A discretionary action is informal and, therefore, unprotected by the safeguards inherent in formal procedure. A public official, for example, has administrative discretion when he or she has the freedom to make a choice among potential courses of action. Abuse of Discretion is the failure to exercise reasonable judgment or discretion. It might provide a Cause of Action for an unconstitutional invasion of rights protected by the due process clause of the Constitution.

References in periodicals archive ?
The most contentious aspect of the proposal is the Commission's desire to maintain complete administrative discretion over the import and export process.
Such statements involve known and unknown risks and uncertainties, including the fact that the administrative discretion of the FDA may result in either the timing or the nature of any approval for Copaxone(R) differing from that anticipated by the Company.
As a result the exemption has been implemented differently from a university to another based administrative discretion of the university.
In contrast, the minority adopts a categorical distinction between Charter review and administrative review based on whether the government activity at issue involves law or administrative discretion.
And it records the clear intention by the Directorate to apply administrative discretion in trying to be fair in the application of the 10% -substantially all rule on a 3-year basis.
525 application and the administrative discretion of the OTS in processing and approving or denying, the application.
Bertelli and Lynn claim this test permits administrative discretion in agency management that is responsibly exercised.
This Note argues that the INS HIV Rule violates the Refugee Act of 1980 and is therefore an illegitimate use of administrative discretion.
Such factors include, among others: the fact that results of one calendar quarter are not necessarily indicative of results for subsequent quarters, and the fact that the administrative discretion of the FDA may result in either the timing or the nature of any approval for Copaxone(R) differing from that anticipated by the Company.
In its petition for review, MAPSA accuses the Commission of going well beyond the pale of its administrative discretion.
There are good reasons for preferring administrative discretion in the form of decisions by boards and tribunals to judicial decisions in court.
Because administrative review is essential to ensuring the fairness of a penalty regime, TEI believes substantially limiting administrative discretion is unwarranted.

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