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
- Safeguard Your Professional License from Disciplinary ComplaintsIt is possible to protect the professional license of a person through liability insurance so that disciplinary complaints do not affect the individual as negatively than without it. This and other measures may be taken to safeguard the professional in malpractice allegations, disciplinary proceedings and similar consequences.
- Texas Governor Abbott Rules Out Special Session for Harvey ReliefWith Hurricane Harvey having ravaged much of the Texas Gulf Coast, having caused tens of billions of dollars in damage and having affected the lives of millions to one degree or another, the question has arisen as to whether the Texas Legislature should be called into a second special session to deal with the aftermath.
- Textalyzer to Help Combat Texting While Driving. But Is It Constitutional?The dangers associated with texting and driving have prompted some states to take direct action to combat the issue. With the aid of Cellebrite, a technology company, police departments may soon be able to use a handheld device to determine whether a person has been using his or her cell phone while driving a car.
- Judge Rejects Texas Voting Law ChangesA federal court judge has shot down changes to Texas voting laws for the second time. This same judge who first ruled against the law in 2014, found that the changes made earlier in the year are insufficient and carry “chilling” consequences.
- Why President Eisenhower’s Dire Warning Is Still RelevantIt’s been well over five decades since the sitting President of the United States issued a grave warning to his fellow Americans as part of his farewell address. Amid the Cold War, the president focused his words on the many threats facing our nation, including the influence of our chief global rival in imposing their ideology and military might.
- Judges: Appointed v. ElectedWe are taught from a young age that the best form of government is one that we the people elect. Is electing judges the best way?
- New Credit Card Law Pits Texas against Merchants and Financial CompaniesDuring the regular session, the Texas Legislature passed a law allowing merchants to ask to see a photo ID when processing a credit card or debit card transaction and to decline the transaction if the customer refuses. The law, which goes into effect January 1, may have placed the state of Texas on a collision course with merchants and financial institutions that issue credit cards, according to the Texas Tribune. The problem is that many financial institutions prohibit merchants from declining a transaction in their contracts. The position of these banks is that their contracts supersede the new law. The state of Texas, even though it does not require merchants to ask for ID, takes the opposite view. The matter may have to be settled through litigation.
- When Can a Nursing License be Taken Away?There are various ways a nursing professional may lose his or her license in the medical world. In order to keep this form occurring, it is best to understand what to avoid and how to retain the ability to practice medicine so that income does not become a problem.
- Amendments to the Texas Expungement Statute May Help Clients Erase More MistakesChanges to the Texas expungement statute may open opportunity for persons to expunge individual offenses arising from the same arrest event.
- Pennsylvania's Ruling on the Impairment Evaluation Process for Workers' Compensation ClaimsLast month, the Pennsylvania Supreme Court ruled that the state’s current impairment rating process used to gauge injuries for Workers’ Compensation claims is unconstitutional. The ruling came after a worker who suffered a knee injury in 2007 appealed the original evaluation of her claim.
- 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.