What is Administrative Law? It covers a wide and varied area of practice, encompassing many different types of governmental legal procedures and regulations, and is not easily defined. Much of government and its public programs operate largely through various agencies on different levels: federal, state, county, and city. These agencies are also known as boards, commissions, departments, and divisions.
They generally have their own specific rules and regulations, which are not usually found in the statutes, with stringent procedures individuals must follow to obtain assistance from the agency and to file claims, grievances and appeals. Legal rulings by Administrative Law Judges (ALJ’s) have governing authority the same as most precedent law. Administrative law attorneys can offer assistance when maneuvering through these complicated proceedings.
The Administrative Procedure Act is the governing law for federal administrative agencies. Most states also have their own governing law for their state administrative agencies. These laws allow for the creation of the rules and regulations, as well as the procedures necessary for those unhappy with the agencies or their decisions to seek remedies via appeal or complaint. They are carried out with the same authority as the more well-known statutory laws, and so, as with other areas of law, the skills of an experienced administrative law attorney are often required.
The public’s need for a professional in the administrative law practice area generally exists when dealing with governmental agencies that provide some type of specific public benefit or aid to individuals, and particularly when the benefit might be or has been terminated, limited or outright denied. Examples of these administrative bodies include some of the following: Social Security Administrations; Employment/Labor Boards; Unemployment Insurance Agencies; Workers’ Compensation Boards; Licensing Agencies; Equal Opportunity Commissions (EEOC); and Zoning Boards.
When an individual wants to appeal an administrative law decision or determination, he must exhaust all of the options provided by the agency first, before he may proceed to a non-administrative court. For example, she would usually need to file an appeal and participate in an administrative hearing presided over by an ALJ as a first step, if she disagrees with a decision to deny, terminate or limit her benefits. Once an order is handed down, either side may appeal if it is an unsatisfactory outcome. Some agencies provide for another level within the department, while others allow the appellant to then appeal to a court outside of the agency. Even in these instances, a professional in the administrative law field is usually a necessity.
Administrative Law Articles
- Measure Nullifying Local Ordinances Regulating Cell Phone Usage while Driving to Be Considered in TexasDuring the regular session of the Texas Legislature, lawmakers passed a state-wide ban on texting while driving. Now Gov. Gregg Abbott would like the special session to nullify all local ordinances that regulate the use of a mobile device such as a cell phone while driving, according to the Austin American-Statesman.
- Texas Voter Information for the Public and Private SectorsSince the founding of the republic, state governments have dutifully interpreted federal laws in ways that have best suited their constituencies. One of the more recent federal requests, that states turn over voting records to the Trump administration's Election Integrity Commission, has revealed surprising bipartisan alliances and agreements.
- Protecting the Elderly in TexasA state's elderly residents are among their most vulnerable residents. Recent Texas legislative issues/news announces a new state law scheduled to take effect in September. No longer will nursing homes with multiple citations for repeated violations get a break from hefty fines imposed by regulators.
- Telemedicine Reform Bill Passed in TexasOne of the bills that the Texas Legislature passed in the last regular session legalized the practice of telemedicine.
- Trucking Regulation UpdateUpdates on 2017 trucking regulations were recently presented at the National Private Truck Council (NPTC) Annual Conference in Cincinnati. The four major areas of interest at the conference focused on regulations for carrier safety fitness determination, driver training standards, proposed speed limiters, and electronic logging devices. The long debate over the 34-hour driver restart rule was also addressed and finally put to rest after an extended period of debate.
- How Federal Debts May Affect Your SSD PaycheckNow that you’ve gone through the Social Security disability process and started receiving your monthly benefits, you are free to use the money however you’d like. In most cases, the payments are deposited into your bank account, put onto a prepaid card, or sent to your home by check.
- Texas Legislation: "Knife Reform" PassedWhen the right to keep and bear arms is debated, the attention is usually focused on firearms. However, a growing “knife reform” movement is bent on removing laws that restrict the kinds of knives someone may legally carry. The Texas Legislature is the latest state body to have passed a knife reform bill and sent it for the signature of Gov. Gregg Abbott.
- Getting the Government on Your Side as a WhistleblowerA whistleblower is a person who brings to light information that uncovers fraud, criminal activity or other wrongdoing. Whistleblower claims are the legal avenue which whistleblowers take to report this fraud. Many of the individuals who file these claims do so on behalf of the government, meaning that they are coming forward with information about fraud that drains taxpayer money.
- The Texas Parks and Wildlife Department's Funding ProblemIn theory, as well as in public support, Texas Parks and Wildlife funding is essential. The funds are garnered through a sporting good sales tax with 94 percent of the revenue slated for ongoing park and wildlife maintenance and 6 percent going to the Texas Historical Commission for maintenance of historical sites throughout the state.
- Will Your Bill Survive Doomsday in the Texas Legislture?As the Texas Legislature enters the end of its session, some bills sit undisturbed, and could very well remain that way for all eternity. Although there are many ways a bill can die, from being voted down in the House or Senate to being vetoed by the governor, one of the easiest ways for a bill to face death is by doing absolutely nothing at all with it. These bills die quietly in committee for reasons that are discussed below.
- All Government Law Related Articles
State Administrative Codes and Registers
Administrative Law - US
- ABA - Administrative and Regulatory Law Section
The Administrative Law Section serves its members, the bar and the public at-large, by providing a congenial forum to share new ideas and the most recent information on substantive and procedural developments in Administrative Law and Regulatory Practice. Members of the Section receive the quarterly Administrative & Regulatory Law News magazine, the quarterly Administrative Law Review, and the annual Developments in Administrative Law compendium.
- Administrative Law
Branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large. Administrative law encompasses laws and legal principles governing the administration and regulation of government agencies (both Federal and state). Such agencies are delegated power by Congress (or in the case of a state agency, the state legislature) to act as agents for the executive. Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights.
- Administrative Law - Wikipedia
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law.
- Administrative Law Guide - Overview - Library of Congress
Administrative law, commonly called regulatory law, is created and enforced by an administrative body, i.e., Department of Labor, the Federal Communications Commission, or the President. Depending on whether the agency is executive, legislative or independent will determine from whom it derives its power to issue regulations and its right to enforce them.
- Administrative Procedure Act - Federal Register
The Administrative Procedure Act (APA) is the United States federal law that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. The APA also sets up a process for the United States federal courts to directly review agency decisions. It is one of the most important pieces of United States administrative law. The Act became law in 1946.
- Code of Federal Regulations
The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. Each volume of the CFR is updated once each calendar year and is issued on a quarterly basis.