Power Politics

ENFORCEABILITY OF FINES from Administrative Hearings under Criminal Law

Fines imposed by administrative hearings are generally not enforceable under criminal law. Instead, they are typically civil penalties.
KEY POINTS
Nature of Fines:
Fines from administrative proceedings are civil in nature, designed to enforce compliance with regulations rather than to punish criminal behavior.
Collection:
While administrative fines can be enforced through civil mechanisms (like collection agencies or civil court actions), they do not carry the same weight as criminal penalties, which involve the criminal justice system.
Criminal Violations:
If the conduct leading to an administrative fine constitutes a criminal offense (e.g., fraud), separate criminal charges may be filed, leading to different penalties and legal processes.
Conclusion
Fines from administrative hearings are enforceable as civil penalties, not through criminal law. However, if criminal behavior is involved, it may trigger separate legal proceedings that can lead to criminal penalties.

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How Equity Quietly Controls Outcomes (Even With Statutes)

Most people think cases are decided purely by statutes and rules. In practice, equity quietly controls outcomes far more often than people admit.

Equity is not about ignoring the law. It’s about preventing injustice when rigid application of rules would produce an unfair result. This authority comes from common law and courts of equity—not legislation.

Even when statutes apply, courts routinely ask equitable questions:
Was there good faith?
Was there unconscionability?
Would enforcement create an unjust result?

Those questions are not statutory—they’re equitable. And they influence remedies, enforcement, and discretion.

This is why two cases with similar statutes can end very differently. Equity doesn’t rewrite the law; it guides how the law is applied to real human circumstances.

People who ignore equity often feel blindsided by outcomes they didn’t expect. People who understand it usually aren’t.

Equity is the part of law that speaks when conscience matters.

Jurisdictional and Voidness Arguments
An advanced practitioner might allege that any adjudication by an officer lacking constitutionally valid appointment or removal accountability is de facto void ab initio for want of jurisdiction. By analogy, if the hearing officer’s or ALJ’s tenure is protected via multiple for-cause removal layers—impermissibly severing the executive branch from meaningful control—then the officer’s exercise of the judicial function is ultra vires. Although direct reliance on Article II is more germane to the federal system, many state constitutions contain cognate separation-of-powers provisions that one could invoke.

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ADMINISTRATIVE ENFORCEMENT
Article III of the United States Constitution establishes the U.S. Supreme Court, and Congress created the system of federal district courts and circuit courts of appeal with the Judiciary Act of 1789. These are known as “Article III courts.” Congress has created additional tribunals for the purpose of addressing specific types of claims. These are often known as “Article I courts,” after the part of the Constitution that establishes Congress. Certain administrative enforcement actions may be brought in these types of tribunals.

THE CONSTITUTION IS THE SUPREME LAW OF THE LAND, DIVIDED INTO 3 SEPARATE AND EQUAL BRANCHES. LEGISLATIVE, EXECUTIVE AND JUDICIAL.

Most people already know what is happening in the courtroom, but don't know what to do. If you want to learn how things work and what paperwork to file, hit the follow button and ask questions.

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Power Politics Educate, Report, Promote Due Process Email: [email protected] – Educate, Report, Promote Due Process Understand the context of legal definitions in order to gain the proper perspective. Use the glossary provided with the course.

What's the best way to win in court? Commercial remedies, admiralty/maritime, constitutional, administrative, or statutory?

If you really want to beat a traffic ticket learn about the legal concept confession and avoidance.

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HUMOR:
My mom lied on the birth certificate because I was never born. The bc belongs to the given name but only if read backwards. Since the name is D.C. Washington and read backwards Washington D.C. This makes me a U.S. Citizen that was never born.

But what about my strawman? When I was born in the 1950's everyone smoked ci******es, even in the cars and houses. As a baby that was never born, my strawman, at an early age caught on fire when my mom was emptying an ashtray.

If you truly want to understand how the system works, follow me and ask pertinent questions.

ANYONE EVER THINK THE RIGHT TO REMAIN SILENT WAS WRITTEN FOR THE GUILTY?

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