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.
Recent Articles About Administrative Law
- California's Real Estate Transfer Disclosure StatementIf you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”).
- Up in the Air: The Future of TASER Usage in the Fourth CircuitWhat should law enforcement officers do if faced with a “non-criminal” mentally ill man being seized for his own protection, [who is] seated on the ground… hugging a post to ensure his immobility… surrounded by three police officers and two Hospital security guards, [who has] failed to submit to a lawful seizure for only 30 seconds”?
- End-to-End Encryption and a New Understanding of Technology and Software Export ControlsOn June 3, 2016, the Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) both published in the Federal Register final rules updating a number of definitions in the Export Administration Regulations (“EAR”) (81 Fed. Reg. 35,586) and the International Traffic in Arms Regulations (“ITAR”) (81 Fed. Reg. 35,611), respectively.
- U.S. Customs Audits 101U.S. Customs and Border Protection (“CBP” or “Customs”) determines the import compliance levels of importers through audits. Simultaneously, Customs audits are a highly effective revenue collection mechanism that ensure CBP promotes fair trade practices for American industry. The following article provides a general overview of customs audits and recent developments in this area.
- Deemed Exports and Reexports under the Harmonization RulesOne objective of the Export Control Reform Initiative is to harmonize the definitions of terms or concepts that appear in both the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
- Export Compliance ProgramsCompliance with the U.S. export control regulations is a significant issue for companies and their legal and compliance teams.
- A Picture is Worth a Thousand Words: New North Carolina Law Regarding Body and Dash Cam FootageIn North Carolina, footage from a law enforcement officer’s body or dashboard cameras is not considered a public record or personnel record according to a recently passed law that goes into effect October 1. North Carolina joins five other states—Florida, Georgia, Illinois, Oregon, and South Carolina— in making this determination.
- The Problem of Disabled PrisonersOn July 26 the Americans with Disabilities Act turns 26 years old. This civil rights act not only barred discrimination against those with disabilities but advanced services, accommodations and access across all public agencies.
- Fighting Fraud and Corruption: The DOJs New FCPA Pilot ProgramThe Department of Justice (DOJ) recently announced its creation of a new pilot program designed to encourage companies to voluntarily self-disclose Foreign Corrupt Practices Act (FCPA) violations in exchange for penalty mitigation.
- Trade Through a Single WindowOn February 19, 2014 President Obama signed executive order 13659. This executive order titled “Streamlining the Export/Import Process for American Businesses” was implemented to modernize and simplify the way executive governments and agencies interact with traders.
- 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.