Administrative Record:
Noun: A comprehensive collection of documents, data, and information that is created and maintained by a government agency or organisation to document and support its decision-making processes, actions, and policies. The administrative record serves as a factual and legal record of all relevant information related to a specific administrative proceeding, such as a regulatory or legal case. It typically includes correspondence, reports, studies, meeting minutes, public comments, and other relevant materials that are used to inform and justify administrative decisions. The administrative record is often made available to the public for transparency and accountability purposes, allowing interested parties to review and understand the basis for a particular administrative action or decision.
The administrative record refers to the collection of documents and evidence that is compiled and maintained by an administrative agency during the course of its decision-making process. It serves as the official record of the agency’s actions and provides a basis for judicial review of those actions.
The administrative record typically includes all relevant documents, such as applications, permits, reports, correspondence, and internal agency memoranda. It may also include transcripts of hearings or meetings, expert opinions, and any other materials that were considered by the agency in reaching its decision.
The administrative record is important in administrative law because it provides a factual basis for reviewing courts to assess the legality and reasonableness of an agency’s decision. Courts generally limit their review to the administrative record and do not consider additional evidence that was not before the agency at the time of its decision.
In some cases, parties may seek to supplement the administrative record with additional evidence that they believe is relevant to the agency’s decision. However, courts typically require a showing of good cause and may only allow supplementation in limited circumstances.
Overall, the administrative record plays a crucial role in ensuring transparency and accountability in administrative decision-making and serves as a key source of information for courts when reviewing agency actions.
Frequently Asked Questions about Administrative Record:
Q: What is an Administrative Record?
A: An Administrative Record is a collection of documents and information related to a specific administrative action or decision. It serves as a comprehensive record of the decision-making process and provides transparency and accountability.
Q: What types of documents are included in an Administrative Record?
A: An Administrative Record typically includes correspondence, reports, studies, memos, meeting minutes, public comments, permits, licenses, and any other relevant documents related to the administrative action or decision.
Q: Who maintains the Administrative Record?
A: The agency or organisation responsible for the administrative action or decision is usually responsible for maintaining the Administrative Record. They ensure that all relevant documents are collected, organized, and made available to the public upon request.
Q: Why is an Administrative Record important?
A: An Administrative Record is important because it provides a complete and transparent record of the decision-making process. It allows interested parties, stakeholders, and the public to understand the basis for the decision and evaluate its legality and appropriateness.
Q: How can I access an Administrative Record?
A: Access to an Administrative Record is typically granted through a formal request to the agency or organisation responsible for maintaining it. Most agencies have specific procedures and guidelines for requesting access to the Administrative Record.
Q: Can I request copies of specific documents from an Administrative Record?
A: Yes, you can request copies of specific documents from an Administrative Record. However, some agencies may charge a fee for copying and providing the requested documents.
Q: Can I request amendments or additions to an Administrative Record?
A: In some cases, you may be able to request amendments or additions to an Administrative Record if you believe that certain documents or information are missing or inaccurate. However, the agency or organisation will evaluate the request based on their specific policies and procedures.
Q: How long is an Administrative Record retained?
A: The retention period for an Administrative Record varies depending on the nature of the administrative action or decision and the applicable laws and regulations. Some records may be retained for a few years, while others may be retained indefinitely.
Q: Can I use an Administrative Record as evidence in legal proceedings?
A: Yes, an Administrative Record can be used as evidence in legal proceedings, especially if the administrative action or decision is being challenged or appealed. However, it is important to consult with legal professionals to understand the specific requirements and procedures for using the Administrative Record as evidence.
Q: Are there any restrictions on accessing
DismissThis site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March 2024.
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