Administrative Law

What is Administrative Law?

Administrative law is a type of regulatory law, which governs the activities, and decision-making power of administrative agencies. Although frequently shrouded in a good deal of mystery, administrative law is simply that body of law that defines and describes the behavior of agencies. Agencies are governmental entities which, although effect the rights and duties of people within a society, are not related to the courts, legislatures or the executive branch. Agencies come in a huge array of sizes. Some have thousands of employees, like the Food And Drug Administration (FDA), The Securities Exchange Commission (SEC), the Environmental Protection Agency (EPA), or The Federal Communications Committee (FCC). In general, agency action whether locally based or federally based, includes adjudication, enforcement of a regulatory agenda or general rulemaking authority over a specific area. Administrative law has expanded greatly during the past century, as legislative bodies have created more government agencies to regulate the increasingly complex social, economic and political spheres of society.

Importance of Agencies in Administrative Law:

Agencies have widely differing missions, goals and organizations. They all share some common features. First, all agencies are created by some kind of legislation. Every agency has some set of statutes, duly passed by state or federal legislation that defines the agency’s mission, organization and jurisdiction. Second, all agencies are shaped in a hierarchical structure, with some person or group of persons at the top and their immediate staff or subordinates below them. Third, agencies share a unified mission, which is defined by the legislation that created the agency and is expressed in the most immediate sense by the person or persons who head up the agency.
Agencies may also have heavy enforcement responsibilities. Agencies can investigate potential violations of the law within their jurisdiction. They may make use of a full range of investigative tools, including inspections, tests, recordkeeping and reporting requirements. If agency personnel detect violations of the law, they may be able to take legal action in a manner parallel to that of a prosecutor on behalf of the effected members.

Administrative Hearings:

Administrative hearings are usually informal in nature and agencies are responsible for conducting them. In terms of the impact upon the lives of the persons involved, administrative hearings can be every bit as important, critical and profound as court adjudication. Administrative hearings are adversarial in nature and are conducted according to an entirely different set of evidentiary and procedural rules than a courtroom proceeding, and in a vastly different dispute resolution culture. While administrative hearings share some important features with court adjudication, there are important differences as well. Court adjudication begins before a judge who is constitutionally independent from other branches of government. Administrative hearings typically begin before an agency employee with the title of “Administrative Law Judge,” “Hearing Officer,” “Hearing Examiner” or a similar name. While these individuals have a legal duty to consider impartially the merits of adjudications, they are not separated from the agency in the same way that judges are separated from the rest of government.
While judges in court adjudication hear a large variety of cases, Administrative Law Judges consider a much narrower range of matters. This is because the creation of an agency reflects a legislative judgment that enforcement and interpretation of the law in that particular field would benefit society as whole from technical expertise. In addition, Administrative Law Judges, by hearing a relatively narrow range of cases, have a unique opportunity to become experts in a manner that judges hearing court adjudications cannot duplicate.

Attorneys specializing in Administrative law:

Attorneys specializing in Administrative law have insight and knowledge in areas such as health, environment, taxation, workers’ compensation, rent control, trade, manufacturing and many other areas where an agency has the primary jurisdiction to be the rule making authority in the specific field. Attorneys who practice administrative law help clients comply with and in some instances challenge rules, regulations, and orders of local, state, and federal government departments. These attorneys represent clients in matters that are committed to administrative not traditional court adjudication, which is ultimately determined by agency employees who are deemed experts. The Administrative Law Judge meets with representatives from the agency and the particular applicant seeking a remedy or benefits. Each side presents its evidence and elicits testimony from corresponding witnesses. The hearing is often tape recorded, as opposed to recorded by a court reporter. After hearing both sides, the Administrative Law Judge renders a decision called an “Administrative Order”, which may be reviewed by a higher level within the agency or by a state or federal court if required.

Individuals looking for an attorney specializing in Administrative law need to find someone who is well versed in the requirements of the Federal Administrative Procedure Act, and experienced with such issues as business and economic regulation, industry restructuring, contracting and project development, trade regulation, and legislative consultation and reporting requirements. A good attorney specializing in Administrative law will understand these subtle differences and apply the appropriate strategies and tactics that must be chosen and used in preparing the appropriate case, negotiating the right settlement, or presenting the correct evidence and arguments in pursuing the proper course of action. The advice of an attorney experienced with a wide range of administrative and licensing proceedings gives a potential client a clear and definite advantage.

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