Complexities Involved in Administrative Cases
Provided by HG.org
An administrative case arises due to a state authority and an individual having a problem. Because of the internal and potential for a court case, this makes administrative cases complex and filled with various policies that may affect the proceedings.
There are different types of these event and various factors that may affect the outcome of an administrative case. The procedures often depend on the legal system and state laws. There are very specific rules that are in place for procedures that affect administrative cases which are often not similar to other litigation. This makes understanding these situations difficult, and the need for a lawyer is high to ensure the rights of the aggrieved party are protected.
If the administrative case is affected by foreign powers, the rules and procedures may differ significantly than when only in the United States. However, usual events include a person that has been affected by the decision of an entity such as an organization or business. This person feels the decision was wrong or incorrect and seeks a reversal or a different decision. In order to do this, he or she must work through the internal channels within the company or other entity before the courts are available in most circumstances. He or she may hire a lawyer for assistance, but the legal representative may not be as effective in these situations due to the complete internal matters.
The reason administrative cases are so complex is due to the different regulations, rules, stipulations and policies that affect different situations. Most reviews for a new decision are based on precedent, but some are unrelated to anything that has come before. The information that is presented is analyzed by the board, processed and everything is considered. Another difficulty is that there are multiple sessions and different boards that may be applied to before the entire process is scrapped for the courts. The employee or former worker must go through this method for a new decision on an action for a prolonged period of time before he or she is given the out to go to a court room before a judge.
The primary purpose of these administrative cases is to ensure an objective investigation is part of the process. To determine what the true facts of the claim are, the board must consider the participants, any documents and if any external matters should be included. All involved parties may be required to be present at some point while the board deliberates on the best course of action. If these proceedings are for someone that lost his or her job, it may be months before a new decision is made to overturn this, or it could be even longer to receive a denial. Additionally, the individual may have multiple denials given before he or she may go to the courts which takes even longer.
Objective Investigation and the Legal Professional
In order to ensure that the investigation into the matter for the possible reversal of a decision in the administrative appeal or other matter in cases, there must be a valid process in place that permits those involved to ascertain the facts, understand what implications facts have on the situation and how to proceed once these issues have been determined. There are certain principles that must be followed in these proceedings such as the principle of equality for all persons. This means that no one is discriminated against, and each individual is given the same consideration without regard to race, color, creed, sex and similar concerns. The norms of the law should be applied, and there must be a confidence placed in the legality of actions for administrative processes and the courts.
The rule of law is what is in place in administrative cases However, the law may be confusing. This means that a lawyer, arbitrator, mediator and other persons should be available to explain what may not be understood in regards to the law. Lawful basis of processes is necessary. There should also be a priority of laws in place based on the relevance of the case and the facts provided for the issue at hand. Once the concern has been passed to the courts, there are several stages that the individual may go through. These could include state authority with a standard case or it being upgraded to a district court. If the matter concerns an appeal, there are other circumstances involved. Once the court is involved and there is a need for legal assistance, a lawyer should be contacted for help, advice and assistance.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.