What Is Administrative Law?Administrative Law 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
- U.S. Export Controls and Nonimmigrant Visas: A Practical Guide for HR and C-Level ExecutivesThe nexus between U.S. export controls and nonimmigrant visas lies at the intersection of international commerce, national security, and immigration law. Employers hiring foreign nationals under specific visa categories must navigate complex regulatory landscapes to maintain compliance with both immigration laws and export controls. This article explores the importance of these considerations.
- Should You Challenge a Misdemeanor Traffic Ticket in Georgia?Many Georgia traffic offenses may not seem like a big deal. The simple solution seems to be “pay it” in advance, online, and never bother going to Municipal Court. Penny-wise and pound-foolish, as the idiomatic British phase warns. In states like Georgia, every moving violation while behind the wheel of any motor vehicle is a crime. Georgia categorizes all motor vehicle tickets as misdemeanors. The reason alone justifies consulting a traffic lawyer near me in Georgia, or at least discussing the cost-benefit analysis of legal representation.
- What Is the Texas Abortion Law? (2023)The Texas abortion law prohibits physicians from performing abortions once a fetal heartbeat is detected. The Texas Heartbeat Bill became state law with a trigger in place that subjected it to a Supreme Court ruling which has now effectively enabled it. This legislation went into effect on September 1, 2021, sparking heated debates and legal challenges throughout the nation
- Trump Federal Indictment: Classified Case ExplainedFormer U.S. President Donald Trump has been federally indicted over his handling of classified documents after he left the White House, marking the first time in history that an ex-president faces federal criminal charges. The indictment comes two months after Trump was indicted on state charges by a New York grand jury for allegedly falsifying business records in connection with hush money paid to an adult film actress. The federal charges will differ in many respects from the New York charges and carries carry more severe legal consequences. The former president has denied wrongdoing in both cases and maintains that he is the victim of political persecution. In this article, Board Certified Criminal Attorney Benson Varghese explains the Trump federal indictment and answers questions about this unprecedented development in the nation’s political and legal history.
- Choosing a SEC Defense Lawyer: Three ConsiderationsYou are in shock. You just opened an overnight envelope and discovered that you've received a subpoena from the Securities and Exchange Commission (SEC) requesting documents and requiring you to appear before the SEC for sworn testimony. After the initial panic subsides (a bit), you hit the Internet to search for a SEC defense lawyer to represent you. But, how do you choose amongst the many SEC defense attorneys out there? How do you know who to entrust with such a serious process and so much at stake, including potential fines and reputational damage?
- What Is a DUI in Georgia? Felony vs Misdemeanor CrimeA DUI traffic violation crime in Georgia can be a felony, but that is rare. The most common basis being a 4th DUI in Georgia within ten (10) years, using dates of arrest as the measurement. The new law creating a Georgia felony DUI for a fourth DUI offense became effective July 1, 2008. In looking for a DUI attorney, first determine if you need a public defender, due to financial constraints. Your court will have to inquire about your income and ability to pay, so try to get that dome right away. Also, understand that an appointed criminal lawyer cannot assist you with the administrative license suspension aspect of your arrest, which must be addressed within 30 days.
- What SEC Reporting Requirements Apply to a Direct Public Offering?Exchange Act Reporting After SEC Effectiveness of a Registered Direct Public Offering Upon completion of a registered direct public offering, the Exchange Act imposes periodic reporting obligations. If the issuer is a domestic issuer subject to SEC reporting requirements then it must file an Annual Report on Form 10-K, 10-Q’s for the three quarters following its fiscal year end and current reports on Form 8-K upon the occurrence of certain material events including bankruptcy, and fundamental changes, changes in accounting, changes in the control and departure of officers, and non-reliance on prior financial statements or audit reports.
- What's the Difference Between DUI and OWI in Michigan?Many people arrested for drunk driving in Michigan are baffled about the OWI meaning. They have hear of DUI (driving under the influence) and DWI (driving while intoxicated or impaired) , but not the acronym "OWI." This article answers that pressing question of "In the State of Michigan is DUI Michigan and OWI Michigan the same?
- What Does a New York City Government Procurement and Contracts Attorney Do?A New York City Government Procurement and Contracts Attorney advises companies about doing business with government agencies, especially those based in New York City. In particular, a New York City Government Procurement and Contracts Lawyer represents vendors in drawing up bids and proposals to agencies, authorities, and development corporations in New York City, and in settling controversies that may arise during the bidding process or after the contract has been awarded.
- MI OWI Laws Substantially Altered in 2003 for NHTSAIn July 2003, Michigan's legislature and governor enacted two bills that brought the state in line with the NHTSA's .08% BAC limit for DUI offenses. The amendments also made other major changes to existing OWI laws in the Great Lakes State, including some noteworthy and controversial ones. Legislation changed the acronym for the crime of driving under the influence of alcohol to Operating While Intoxicated (OWI). This includes driving with a BAC of 0.08% or more, as well as under the influence of alcohol, a drug, or a mix of both. Operating While Impaired (OWVI) The 2003 legislation retained the offense of Operating While Visibly Impaired. So, OWVI remains a crime, but no longer requires a blood-alcohol threshold.
- All Administrative Law Related Articles