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 - 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 - Definition
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.
State Administrative Codes and Registers
Administrative Law - International
- Administrative Law - Australia
Administrative law is the body of law regulating government decision-making. Review of administrative decisions can take place internally and externally.
- Administrative Law - Canada
The major purpose of administrative law is to ensure that the activities of government are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government action, whatever form it takes, must (strictly speaking) be legal, and that citizens who are affected by unlawful acts of government officials must have effective remedies if the Canadian system of public administration is to be accepted and maintained.
- Global Administrative Law
A blog dedicated to the continuing development of the Global Administrative Law (GAL) Project.
Organizations Related to Administrative Law
- Association of Administrative Law Judges
An independent and honorable administrative judiciary is indispensable to justice in our society. Administrative Law Judges have the authority to conduct constitutional due process hearings under the process provided by the Administrative Procedure Act. Administrative Law Judges should participate in establishing, maintaining, enforcing, and observing high standards of conduct, so that the integrity and independence of the administrative judiciary may be preserved.
- Federal Administrative Law Judges Conference
Federal Administrative Law Judges, often referred to as the Federal Administrative Trial Judiciary, perform judicial functions within the Executive Branch of the Government. In adjudicating cases before them, Administrative Law Judges conduct formal trial-type hearings, make findings of fact and law, apply agency regulations, and issue either initial or recommended decisions.
- National Association of Administrative Law Judiciary
The National Association of Administrative Law Judiciary (NAALJ) is the largest professional organization devoted exclusively to administrative adjudication devoted to the executive branch of government.
- National Association of Secretaries of State
Founded in 1904, the National Association of Secretaries of State (NASS) is the nation's oldest nonpartisan, professional organization for public officials. The association serves as a medium for the exchange of information and fosters cooperation between states governments in the development of public policy. NASS has key initiatives in the areas of elections and voting, state business services, electronic government and digital archiving.
- National Conference of Commissioners on Uniform State Laws
The National Conference of Commissioners on Uniform State Laws (NCCUSL), now 116 years old, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of the law. NCCUSL’s work supports the federal system and facilitates the movement of individuals and the business of organizations with rules that are consistent from state to state.
Publications Related to Administrative Law
- Administrative Law Research Tutorial
This tutorial will introduce you to the topic of administrative law research. If you plan to work in a regulatory practice, the skills covered in this training session will be essential to your research.
- Review of European Administrative Law
Review of European Administrative Law (REALaw) is a law review, published twice a year (online and in print), in the English language edited at the Department of Administrative Law and Public Administration of the University of Groningen and the Institute of Constitutional and Administrative Law and the Europa Instituut of Utrecht University. Review of European Administrative Law provides a forum for the discussion of issues in the development of European administrative law. The journal aims to cover all aspects of European administrative law, reflecting the role of the European Union, the role of domestic legal orders and their mutual relation and influence.
Articles on HG.org Related to Administrative Law
- Adoption of a New Legislation for a Better Industrial Environment in the DRCBefore the social movements of plunder and anti-plunder of 1990s, wars and other civil revolts, the Republic Democratic of the Congo, (“DRC”) was among the most industrialized countries of Central Africa.
- The Democratic Republic of the Congo Is Privatizing Its Insurance SectorIn September 2012, the Government of the Democratic Republic of Congo (DRC) submitted to the Parliament a bill of law on the Insurance Code for discussion and adoption prior to its promulgation by the head of State and publication in the official gazette in accordance with articles 100, paragraph 2 and 130 to 137 of the DRC constitution.
- Learn About Retaining Eligibility for VA BenefitsEligibility for VA benefits is dependent on factors such as active duty. The determination of this is sometimes complicated, depending on the circumstances.
- Contractual Liability of Administration in TurkeyThis article is aiming at to explain Contractual Liability of Administration in Turkey.
- The Violence Against Women Reauthorization Act and Violence Against MenLast week, the Violence Against Women Reauthorization Act was reintroduced by the U.S. Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, and Sen. Michael Crapo, a Republican. This act continues and expands upon the 1994 landmark law, the Violence Against Women Act, which combatted domestic violence, sexual abuse, and stalking by authorizing services such as shelters and legal assistance for victims and survivors of abuse.
- Construction under attackThose, who watch the real estate market, may note that after the crisis of recent years, new buildings began to appear in Kyiv again as rapidly as mushrooms after rain. The construction industry is slowly recovering and hopes to go beyond the 3% of the Ukrainian GDP.
- Further Improvement and Revision of Foreign Exchange Regulatory Policies concerning Foreign Direct InvestmentOn November 19th, 2012, State Administration of Foreign Exchange (SAFE) issued a Notice on Further Improvement and Revision of Foreign Exchange Regulatory Policies concerning Foreign Direct Investment (hereinafter referred to as the Notice) which shall be implemented since December 17th, 2012.
- Obesity Can Be Grounds for Federal Employee FERS and CSRS Disability RetirementObesity or morbid obesity may qualify you for FERS or CSRS disability retirement through the Office of Personnel Management (OPM).
- Can I Make a Deposit for Post-1956 Military Service AFTER I am Approved for OPM Disability?In general, the answer is “no.” If you want to make a deposit for post-1956 military service such that credit for your military service will be reflected in your retirement annuity, you must complete OPM Form 1515: “Military Service Deposit Election” and submit this form with your retirement application to OPM. You will NOT be allowed to make any such deposits once your retirement benefits are approved.
- Is Light Duty a Reasonable Accommodation?Why light duty might not always be a reasonable accommodation for federal disability purposes.
- All Government Law Related Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Government including: administrative law, case law, election and political law, federal law, government contracts, local, municipal and state law, military law, public law, regulatory law, US federal courts.