What is administrative discretion?

Administrative discretion is the power given to administrative agencies to make decisions and allow their own interpretation of the law. This power is limited by the authority given to the agency by the legislature, regulations, and court decisions. In California, administrative agencies are empowered to make discretionary decisions regarding a wide range of matters, including setting regulations, making decisions on employment, ruling on environmental issues, and regulating public utility services. Administrative discretion not only allows states to act in the interest of their citizens, but also provides flexibility in the enforcement and implementation of regulations. It allows agencies to make decisions that may be necessary outside the scope of the law due to changing conditions. It can also be used to reduce delays in processing applications or to respond quickly to public health emergencies. Administrative discretion is not absolute. It must be exercised within the scope of the authority delegated to the agency and must be guided by the principles of fairness and equity. The agency is expected to operate in the public interest and must consider public input, present relevant data, and explain the reasons for taking action. Administrative courts exist to review the decisions of agencies if they are challenged.

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