An agency action that is outside the scope of its enabling act is said to be what?

Study for the Administrative Law Exam with engaging flashcards and multiple choice questions. Enhance your understanding with hints and explanations to get you ready for your exam!

An agency action that is outside the scope of its enabling act is termed "ultra vires." This Latin phrase translates to "beyond the powers," signifying that an agency has acted beyond the limits of authority granted to it by legislation. Every administrative agency operates under a specific legal framework defined by its enabling act, which delineates the extent of its powers and responsibilities. When an agency takes a step that exceeds these defined powers or operates outside its jurisdiction, that action is classified as ultra vires.

This concept is critical in administrative law as it protects the balance of power between agencies and the laws governing them, ensuring they do not overstep their bounds, which could lead to arbitrary decisions and undermine the rule of law. In contrast, terms such as "inadequate," "null and void," and "beyond authority" do not capture the specific legal nuance of actions taken outside defined powers as accurately as "ultra vires" does.

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