Administrative Order in the United States

Administrative Order (AO) in Environmental Law

This document, issued

by an agency administrator, designates how a regulated person must act in relation to a statute, regulation or permit. It contains a description of the agency’s allegations and sets out its requirements, which may include deadlines for complying with terms of a permit, interim limits to be met, and demands for compliance with the statute.

Because an administrative order is a means of enforcement, a statute must authorize it. Administrative orders are an effective means of dealing with violations because they do not require a formal hearing, can be issued relatively quickly, and address the noncompliance directly.

The regulated person is entitled to present information before the order is finalized, but this is generally done in a meeting rather than a hearing. At the meeting, the parties discuss the violations and the reasons for them. If the regulated party is claiming the agency is wrong, it may submit information to be considered. Often the order issued after a meeting will reflect an understanding between the parties and become a consent order, to which both parties agree. See also administrative penalty order.
Based on “Environment and the Law. A Dictionary”.