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.
Administrative Law Articles
- Can a Social Worker End Protective Service Against a Doctorís Recommendation?Ending protective service for a person or child requires knowing the situation fully and if it is in the best interests of the individual. Doing this against the recommendation of a doctor is not advisable, but it may be possible with the right circumstances.
- Protection for Intelligence Agency WhistleblowersWhistleblowers in the intelligence agency locations could require additional protections after the supervisors or management have been exposed for illegal or fraudulent activity. It is important that these persons are safeguarded from retaliation, negative consequences and possible problems form others in the same field.
- What are my Options to Repay Unpaid Sales Tax Debt?Unpaid taxes are potentially dangerous to the individual or company. It is imperative that one of several options is taken to ensure this tax debt has been paid, or the person or business could face severe consequences from the Internal Revenue Service.
- The Student Privacy Act in TexasOne of the bills the Texas Legislature passed during 2017 was House Bill 2087, entitled†the Student Privacy Act. The act protects data that a student or the studentís parents provide to a website or some other online application for education purposes.
- Increase in Penalties for Employment Eligibility Form I-9 ViolationsIncreases in enforcement for the Immigration Reform and Control Act violations affect employees that work as non-home office workers. Many of these employees may or may not have signed an I-9, but when the federal government checks, these issues could lead to fines and other penalties when the worker has not filed the proper paperwork with the company.
- What Are the Different Types of Veteran Disability Benefits?Veteran disability benefits are compensation methods used to provide monetary assistance to persons that have been in war. These are to recognize the disabilities, acquired diseases, injuries and health conditions that soldiers have experienced through active service while on duty.
- Do I Have a Right to an Emotional Support Animal when there is a No-Pets Policy?The right to have an emotional support animal often depends on if the individual has a disability or if the emotional support animal is to assist with those that have severe emotional or psychological issues. When the individual has a disability, he or she usually has the right to bring this creature with him or her in most circumstances.
- What Types of Veteransí Benefits Can I Receive if Injured while in Service?Soldiers are injured while in service constantly, and these injuries frequently place them in a disability status or may lead to their removal from deployment. When these veterans are harmed while in the line of duty, it is important to know what types of benefits are possible.
- Battle Rages Over NYC's Construction Safety ActConstruction is arguably one of the most dangerous industries in which to work, if not the most dangerous -- particularly in New York. In fact, over the past two years, more than 30 construction workers have died in work-related accidents in New York City.
- Texas Law Makers Mull Flood Control Projects for HoustonAccording to the Texas Tribune, Lt. Gov. Dan Patrick and a number of Texas Republican leaders are eying a number of long-delayed flood projects that, had they been completed, would have spared thousands of Houston homes from being flooded during the deluge brought on by Hurricane Harvey.
- 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.