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 (ALJís) 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 publicís 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; Workersí 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.
Recent Articles About Administrative Law
- Warratless Blood Draw in DUI InvestigationIn Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a search which is protected under the Fourth Amendment.
- Florida Military Ex-Spouses Should Review Benefits after DivorceMany Florida residents who are ex-spouses of military personnel may be unaware that they may be eligible for benefits after they have been divorced.
- Federal Sentencing: Follow the Yellow Brick Road.When I think of a judge imposing a federal sentence, my mind often drifts to the Wizard Of Oz and that little masked man standing behind the curtain.
- Military Sexual Assault IssuesThe U.S. Defense Department released its findings about the incidence of sexual assault and rape in our nationís military. The report includes statistics from an anonymous survey and from reported incidents on file. According to the departmentís results, the number of sexual assaults decreased over the past two years. In 2012, the survey found 26,000 victims of sexual assault in the military which decreased to 19,000 in 2014. These incidents are for unwanted sexual conduct including rape.
- Legally Insane: The Insanity DefenseThe insanity defense is one of the least successful defenses in a criminal case. The determination of the suspectís mental state at the time of the criminal offense, as well as at the time of trial can be a challenging task; the defense actually has the burden of proof in Federal cases, as well as most State charges, in showing the defendant to be insane.
- Doing Business in CubaIn January 2015 the Treasury Department issued regulations to establish banking relations and allow U.S. companies to export items for sale in Cuba without the trade barriers that have existed for decades. While some Republican leaders have criticized Obamaís actions, normal relations with Cuba are only a matter of time and the opportunities for attorneys representing American and European companies wishing to pursue commercial opportunities in Cuba have never been greater.
- Victims of Mesothelioma Cancer Due to Asbestos Exposure Have Legal RightsIndividuals who have developed mesothelioma cancer, asbestosis, lung cancer, or other diseases linked to asbestos exposure may be eligible to file a lawsuit and receive compensation for the injuries and the cost of medical care.
- Five Ways Not to Become a Blind MuleYes, it does happen. While the majority of those who are arrested at the international border with cars laden with narcotics know that of their illicit cargo, there are the occasional blind mules Ėthose who were duped by strangers, business associates or even loved ones to carry the contraband.
- California's Loss of Tesla's $6 Billion Battery FactoryA question of free market vs. government over-regulation to address the issue of environmental sustainability.
- Collecting on a Supreme Court Judgment in CaliforniaIt is often said that obtaining a judgment in a California Supreme Court civil case is only half of the process. Once you obtain judgment, you have official proof you won the case and that the defendant owes you money or property. Now you have to collect.
- 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.