What does ultra vires mean in administrative law?

What does ultra vires mean in administrative law?

• A. Action taken by an agency beyond the scope of its statutory authority; such action is void.
• B. Action within the scope of authority but subject to review.
• C. A minor clerical error in agency rulemaking.
• D. A decision that is supported by all agencies.

Answer: (A)

Ultra vires means acting beyond the agency’s statutory authority. In administrative law, when an agency undertakes a rule, regulation, or action that the legislature did not authorize, that action is void because the agency has exceeded its powers. The remedy courts typically apply is to invalidate the action and leave the agency to operate within the limits of its grant of authority. This concept sits at the heart of judicial review, ensuring agencies don’t stretch beyond what the statutes empower them to do. That’s why this option is the best fit: it captures the precise idea that authority comes from the statute, and exceeding that authority renders the action invalid. The other statements don’t describe this limit—within-authority actions can still be reviewed for other issues; clerical errors are administrative mistakes, not questions of power; and a decision being supported by all agencies has no bearing on whether the action stayed within the granted authority.

Ultra vires means acting beyond the agency’s statutory authority. In administrative law, when an agency undertakes a rule, regulation, or action that the legislature did not authorize, that action is void because the agency has exceeded its powers. The remedy courts typically apply is to invalidate the action and leave the agency to operate within the limits of its grant of authority. This concept sits at the heart of judicial review, ensuring agencies don’t stretch beyond what the statutes empower them to do.

That’s why this option is the best fit: it captures the precise idea that authority comes from the statute, and exceeding that authority renders the action invalid. The other statements don’t describe this limit—within-authority actions can still be reviewed for other issues; clerical errors are administrative mistakes, not questions of power; and a decision being supported by all agencies has no bearing on whether the action stayed within the granted authority.