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
- Proposed Dark Store Legislation in Wisconsin Puts a Thumb on the Scale of FairnessMax Baucus once said that “Tax complexity itself is a kind of a tax.” That statement is true in many ways.
- Texas Legislative Bill Submitted to Shore up the Teachers Retirement System Health PlanThe Texas Teachers Retirement System has a health care plan that has become insolvent and, without an extra infusion of cash and more flexibility for how to allocate benefits, is due to enter into a “death spiral” in the next two years managers warn.
- Implied Consent Law after Drunk Driving Arrest Confuses & Confounds Drivers; Loss of Driver LicenseEvery person who gets a driver's license in America is subject to having his or her driving privileges taken, if he or she refuses to take the State-Administered Breathalyzer Test. Even for those who take the breath alcohol test following DUI-DWI arrest, some loss of driving privileges is common.
- Anti-Corruption Act in BrazilBrazil enacted a Bill of Law also called the Anticorruption Law that puts civil and administrative liability onto companies and organizations that engage in certain corrupt activity. This places Brazil in the same grouping as many other countries to hold businesses liable for corruption.
- Legislation Regarding Marriage by Minors in NY and NJMarriage by minors has been in the news recently as some states introduced legislation aimed at prohibiting child marriage. Until now in New York, minors as young as 14 were permitted to marry. New changes abolish marriage for 14-16- year-olds and allows 17-year-olds to marry if they have both judicial and parental consent.
- OSHA Rule In LimboThe compliance date for the Occupational Safety and Health Administration’s electronic reporting rule, Improve Tracking of Workplace Injuries and Illnesses, has been pushed back to December 1, 2017.
- Call-Blocking Apps Could Stop You from Winning Big Against RoboCallsBy Using Apps such as NOMOROBO. This will prevent you from earning money from these harassing robocalls. You may be entitled to stop and earn money per robocalls.
- Asserting Legal Professional Privilege for Internal InvestigationsIn order to asset the legal professional privilege clients are entitled to for most legal matters, this means that the communications between the legal representative and the client are protected from being disclosed to others without the expressed consent of the client.
- What Is Government Fraud?Government fraud may be classified as an illegal action that has been committed intentionally in order to shift government funds to another avenue through some type of deception or scheme. It is the taxpayer that is affected because of these crimes.
- The Process of Administrative AppealsThe Freedom of Information Act is connected to administrative appeals processes when benefits or records have been denied. The next step may be an appeal to reconsider the application. The judgments issued for these applications are explained by the administration to be in accordance with existing law and policies that are fact driven.
- 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.