What is administrative discretion?

Administrative discretion is the authority given to an administrative agency to decide how to interpret and apply laws and regulations in specific cases. In Virginia, administrative discretion allows administrative agencies to use their own judgment in deciding how laws and regulations should be enforced in particular situations. Administrative discretion can be a powerful tool when the law is vague or unclear. It can be used to fix unjust results or to take into account local conditions, such as a particular state’s unique geography or resources. At the same time, it can also limit basic legal rights, such as those that relate to due process and public access to records. Administrative discretion is limited by a number of factors. Agencies must follow the procedures set out in the law and must resolve disputes in a way that is consistent with the law and policy. In addition, they must make sure to consider all the facts presented in a case and to give the parties a chance to present evidence. Finally, administrative agencies are expected to use discretion in a manner that is consistent with the public interest. In Virginia, agencies are subject to oversight by the Virginia Supreme Court, which ensures that the agencies are exercising their discretion appropriately.

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