The Administrative Procedure Act (APA), 5 USC Secs. 500-596, grants authority and power to this "fourth branch of the government". Most states have adopted similar versions of this law to their state agencies.

Administrative agencies at the Federal, State and Local levels all have:

(1) Rulemaking Authority: the authority to promulgate regulations (pursuant to notice and receipt of public comment). (2) Judiciary Powers: the power to hear cases (administrative hearings), render binding opinions. (3) Enforcement Powers: the power to impose sanctions and enforce final orders and determine applications for licenses including suspensions, renewals and revocations. (4) Investigatory Powers: Subpoena power ordering the attendance of witnesses and the production of relevant evidence relating to any matter under investigation.

Actions by the agencies are given deference. The standard of review applied to agency actions is "arbitrary and capricious". In other words, it is very difficult to render the actions of an agency unlawful.

In the area of sports, most governance is private, not subject to administrative law. However, if there is "state action" proved, then the body would fall under the guidelines of administrative and constitutional mandates. State or local athletic commissions come t mind. However, the NCAA was not considered a state actor under the Supreme Court's ruling in Tarkanian v. NCAA, 488 U.S. 179 (1988).