Image description

Administrative Glossary

After formal adjudication, an administrative agency can issue punishments when it finds that an individual or business has violated a rule.  This punishment is called “sanctions.”  All sanctions must be provided for in the applicable statue. “Sanctions” can take the form of a fine or assessment, or an order to do or not do a certain thing.

“ALJ” is an acronym for “Administrative Law Judge.”  The ALJ conducts administrative hearings.

Administrative Hearing
An administrative hearing is usually conducted by an administrative law judge and involves an agency and an individual, business, or group.  In general, the Administrative Procedure Act (APA) determines how hearings proceed. In Nevada, such hearings are controlled by the Nevada Administrative Procedure Act, in NRS Chapter 233B.  In addition, individual agencies may have specific regulations that govern how their hearings are conducted. If a person or entity loses at an administrative hearing, they are entitled to seek a review of the decision against them by a higher court. In Nevada, this is done through a “Petition for Judicial Review”  in the District Court System.

Only a party who has “standing” can assert a claim before an administrative agency (or a court of law.)  In general, to have “standing” means that you will be affected by the outcome of the case.  For example, a gaming business owner must bring his own claim before the Gaming Board.  His neighbor, who will not be affected by outcome of the case, cannot bring a claim on the gaming business owner’s behalf.

image description