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
- 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.
- How to Establish a Connection between Your Military Service and Your DisabilityFiling a claim with the Veterans Affairs (VA) for disability compensation for an illness or disability that resulted from your military service? In an ideal world, Houston area Veterans would be able to receive benefits from the VA simply and painlessly; unfortunately, VA disability benefits are quite complicated, the process can take a fair amount of time, and there is a lot of preparation involved.
- An Introduction to the Davis-Bacon ActContractors working on Federal Projects typically must meet minimum wage requirements. Sometimes, the prevailing wages on Federal projects are higher than required on state public works projects or private project. It's important to know the minimum wage-rate prior to bidding on any government projects.
- Is There Such a Thing as a Federal Defamation Claim?Defamation cases are often either clearly obvious or difficult to determine. There are a number of elements that must be proven in court for a defamation case to be successful in the United States. Certain facts about the victim must have either been published or broadcast in some manner. This may also include false statements provided in the same way.
- FTC’s Role in Promulgating Laws about Digital MarketingDigital marketing and an online presence are utilized by many companies to take advantage of the growing need for the internet connection to an increasing e-commerce world. Because of this, the Federal Trade Commission is pressed to implement guidelines and strategies that are morally and ethically responsible.
- What Is an OIG Investigation? How Much Trouble Am I In?The Office of Inspector General investigations deal with various instances of fraud, waste, abuses situations and misconduct in regards to federal employees, contracted workers and entities that have business with the Federal Trade Commission.
- Property Damage Due to a Fire after a Power Surge after the Utility Serviced the Lines – Are They Liable?Power surges are not uncommon instances where severe damage is possible in the extreme and minor loss of hardware in the least vicious incidents. Who is at fault if there is enough damage that a compensation claim may be filed is often in question.
- Can a Business Ask about My Disability and My Need for a Service Dog?The Americans with Disabilities Act protects a person that has a disability for employment, when in public establishments and from various forms of discrimination.
- 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.