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
- Whistleblowers Helping the Public By Exposing FraudThe 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted to assist the government with discovering financial fraud. A recent SEC whistleblower received a $14 million dollar reward for reporting a real estate scam.
- The Coastal Commissionís support for AB 976 Shows Due Process ApathyEvery monthly meeting the California Coastal Commission releases a list of bills in the current legislative session that it is supporting. It can be a time consuming effort to review all these bills, but sometimes you find a gem that sheds light on the nature of the Commissionís long-term goals, and the read becomes worth it. Last week, the Commissionís monthly report was well worth the read.
- Whistleblower Reward Is $63.9 Million In JP Morgan Mortgage Fraud CaseA whistleblower will receive $63.9 million for providing information to the government that lead to a recovery.
- Federal Whistleblower Complaints Can Be Filed OnlineWhistleblowers are now able to file certain complaints online. Whistleblower complaints that are overseen by OSHA can be filed online.
- The California Coastal Commission Reviews Fracking Along the California CoastWhether the California Coastal Commission Eventually Regulates Fracking On the Outer Continental Shelf Will Have More to Do with Federalism than Science
- Whistleblower False Claims Case Settles for $6.5 MillionA $6.5 million dollar settlement has been reached in a federal whistleblower lawsuit. There were allegations that a military contractor had submitted inflated bills to the government.
- Taxpayer Standing Can Provide a Bulwark Against Government Overreach in CaliforniaIn California any taxpayer can bring a lawsuit to stop the implementation of a law that she believes is unconstitutional provided that she is a resident taxpayer of the area affected and public funds will be spent to implement the challenged law.
- Disagreement About Handling of California Caregiver Abuse CasesLong -term care advocates and officials disagreed at a recent Assembly hearing.
- Social Security Disability Applicants And Headache Claims - 5 Keys Pieces of EvidenceSeeking social security disability because you can not work because of a headache is unique and very difficult. But there are certain things you can do to help your chances of winning.
- Los Angeles Assisted Living Facility Held Responsible for Injuries of ResidentA Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.
- 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.