What is the difference between the procedural and substantive components of administrative law?
In Washington, administrative law is a set of rules that govern how administrative agencies handle issues related to regulatory activities. Administrative law is divided into two main components: procedural and substantive. Procedural law encompasses the procedural rules and methods that an administrative agency must follow. Procedural law dictates how an agency must conduct investigations, hearings, and decisions. For example, procedural law often addresses how long an administrative agency has to make a decision and how much information must be provided. Substantive law refers to the body of laws that actually govern the activities of an administrative agency. These laws dictate what an agency can and cannot do and set standards for agency decision-making. Substantive law also sets forth the specific legal requirements for an agency’s regulatory activities. For example, substantive law may require an agency to consider certain factors when making a decision or limit an agency’s ability to regulate certain activities. In short, procedural law outlines the procedures that an administrative agency must follow, while substantive law sets forth the rules and regulations that the agency must adhere to when conducting its activities. It is important to understand the differences between procedural and substantive law in order to ensure that an agency’s activities comply with the law.
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