What is administrative discretion?

Administrative discretion is the power given to a state or federal government agency to make choices about how to implement laws and regulations. In Nebraska, administrative discretion is used by agencies to determine how best to apply the laws in a particular situation. In general, administrative discretion is used by government agencies to decide how to go about enforcing laws. It is an important tool that allows agencies to adapt laws to specific situations without having to go back to the legislature for new laws. For instance, an environmental protection agency might have the legal authority to fine a company for violating environmental regulations. However, using this power of administrative discretion, the agency might decide to instead instruct the company to take measures to fix the violations, such as installing pollution control equipment. Government agencies typically have wide discretion in how they choose to exercise their legal authority. The Nebraska Supreme Court has held that government agencies must exercise their discretion in a reasonable and non-arbitrary manner. However, it is important to note that there are limits to administrative discretion, and the courts can overturn agency decisions if they are arbitrary, capricious, or not in accordance with the law.

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What is administrative discretion?

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