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
- Survivor Benefit Plan Award and Military DivorceWhen the military member faces divorce from his or her spouse, the usual process involves survivor benefits, retirement benefits or additional monies through accounts or other programs to the nonmilitary spouse. It is important for the military member to understand these situations, so he or she is not caught unaware.
- School Safety Audits in the Wake of the Last Mass ShootingThe recent mass shooting at a school in Florida has brought both the gun issue and the problem of school safety into the forefront once again.
- The Lone Star State Leads Charge Against Crypto-Fueled FraudWhile it's not illegal for cryptocurrency businesses to market in the state of Texas, companies that operate in this nascent market should make sure they're doing things by the book. Otherwise, Texas regulators have proven they will get the ball rolling to quash those efforts in the state, at the very least.
- What Is Voter Fraud and How Is It Committed?Voter fraud does occur within the United States, but there are many myths and lies that circulate every election term when the outcomes are not what the public feels the voting should conclude with. It is important to know what voter fraud is and how those involved perpetuate these actions throughout the years.
- What Damages Are Available under the Fair Credit Reporting Act?The Fair Credit Reporting Act (FCRA) is to ensure that each person has a fair reporting of his or her credit details to interested parties when they research the person in question. When the target suffers from violations of what details should provide or how the credit report affects the person negatively, he or she may receive awards through damages in the case when successful.
- Immigration Consequences of Committing Voter FraudWhen individuals that possess no citizenship in the country partake in voting events, this could skew the results for officials attempting to take office. While the registration system for voting does possess vulnerabilities to these actions, there are strict consequences of immigrants that alter the outcome of elections.
- Texas Students Seek More Open Educational Resources MaterialsAs anyone who has ever been to an institution of higher learning knows, textbooks can be a significant expense. According to a 2013 article in the Atlantic, a study conducted by the American Enterprise Institute reported that the cost of course materials had risen 812 percent between 1978 and that year, faster than health care, home prices, and, naturally, inflation.
- Could Rules for Poker Clubs in Texas Be Clarified in the Next Legislative Session?Texas Hold 'Em, the most popular poker game in the world, may have gotten its start in Texas sometime around the end of the 19th century, though opinions vary on the subject.
- Texas Voter ID Law Battle Continues at 5th US Circuit Court of AppealsOn December 5, 2017, the 5th US Circuit Court of Appeals in New Orleans heard arguments for and against the newly amended Texas voter ID law. Here is the story so far.
- Federal Safety Valve: To Disclose or Not to Disclose?The federal “safety valve” provides, in most cases, the only alternative for an individual charged with a serious drug case to escape a mandatory penalty of five or ten years.
- 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.