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
- Could Missouri's New Expungement Law Help You Clean Up Your Criminal Record?Missouri Senate Bill 588 (also referred to as SB 588) goes into effect on January 1st of 2018. If you have been convicted of a crime, how may the passage of this bill affect you?
- Filing a Small Claim When the Subject Matter Is in a Different StateSmall claims courts provide an abbreviated version of litigating a case when parties are involved in a dispute. However, there are limitations of when these courts can be accessed. Each jurisdiction has its own unique rules regarding small claims cases.
- Texas Schools Hit by Hurricane Harvey Plead for Exemption from School Accountability RatingsOne of the lingering effects of Hurricane Harvey, which drenched a great deal of the Texas Gulf Coast centered on the Houston-Galveston area, has been how it has impacted the school districts in the affected area.
- State Funded Network of Sensors Begins to Track Fracking Related Earthquakes in TexasHouston Public Media is reporting that a network of seismology sensors, partly funded by the state of Texas, is up and running. The TexNet Seismic Monitoring program, run by the University of Texas at Austin's Bureau of Economic Geology, is designed to track earthquakes in the state and to determine how and to what extent they are being caused by oil field fracking operations.
- Can Suing the U.S. Attorney General Make Medical Marijuana Legal?Alexis Bortell is a 12 year old girl who suffers from epilepsy. Most of her life she experienced frequent seizures and the treatments she used did not alleviate her symptoms. Then the family doctor in Texas suggested they try cannabis.
- Threat of Whistleblowers to Federal ContractorsWhistleblowers are often helpful in uncovering problems, laws broken, violations in regulations, and similar complications within a business. However, these persons are often a serious problem for companies with federal contracts, and this could lead to a loss of sales, dissolution of the business and severe penalties incurred.
- Government Accountability Office Recommends Leasing Practice for Foreign-Owned Real EstateReal estate in other countries that is owned by citizens both in and from the United States is affected by taxation and other situations such as leasing practices and behavior. The Government Services Administration has proposed processes to ensure these practices are overseen and there is accountability in place for possible problems.
- Texas DMV Revokes Registrations and Titles for Dune Buggies and Sand RailsAutoweek is reporting that the Texas Department of Motor Vehicles has decided to revoke the titles and registrations of dune buggies and so-called sand rails, off-road vehicles that can operate both on sand and other types of terrain.
- What Should I Do after a Commercial Truck Accident in Texas?Every year, more than 500,000 commercial truck accidents occur. These vehicles weigh several tons, increasing the likelihood that any accident involving a commercial truck will result in serious injuries or death.
- Executive Order Implements Domestic Preference for Federal Procurement and Federally-Funded ProjectsDomestic preferences in having American made products for contracts and federally-funded projects could disrupt the sales, increase prices and lead to difficult overseas relationships. However, it is possible to increase business and sales within the country when only those manufactured and distributed in the United States are procured.
- 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.