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Administrative Per Se Laws

Definition - What does Administrative Per Se Laws mean?

Administrative per se laws are laws that can be inherent in their change of another situation. For instance, if a person is caught driving while drinking, then the Department of Motor Vehicles will use an administrative per se duty law to take away their driver's license. Another application of administrative per se law pertains to convicted sex offenders. When convicted sex offenders apply for a job, they are automatically withheld from attempting to apply for any job that would have them working with minors.

Justipedia explains Administrative Per Se Laws

Administrative per se laws act to supersede other applications of laws. For example, even though the Department of Motor Vehicles is responsible for issuing licenses to individuals, they are not unilaterally able to decide whether an individual has a legal allowance to retain a license. The court always has superior jurisdiction over any application of laws by other regulating bodies.

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