Administrative Law Overview
You hire a criminal defense lawyer if you’re charged with a crime or a family law attorney if you’re going through a divorce. But what if the Social Security Administration denies your benefits claim, OSHA investigates a workplace accident, or the Environmental Protection Agency sends you a violation notice?
There are many areas of administrative law that apply to public regulatory agencies. This article provides you with what you need to know about administrative law. If you have other questions, contact a local and experienced administrative law attorney.
What Is Administrative Law?
Administrative law consists of statutes, regulations, and agency decisions that deal with administrative agencies. Administrative procedural rules also determine the methods and processes for administrative filings and hearings. These can be different from traditional courtroom procedures.
Administrative law balances the regulatory power of government agencies with our individual rights and liberties. Administrative law tries to impose a formal legal process on how agencies exercise their power to enforce laws. The permanent rules and regulations of most of these federal agencies are in the Code of Federal Regulations (CFR).
For instance, the federal government regulates the market for stocks and bonds in the interest of economic security. The Securities and Exchange Commission (SEC) enforces securities laws. The SEC can write rules in the form of regulations based on laws that Congress passed and enforce them through hearings, criminal charges, and citations. The agency conducts hearings to determine violations and punishments. These hearings are different from the federal court system.
Who Makes the Administrative Law Rules?
The federal Administrative Procedure Act is known as the Constitution of Administrative Law. This law governs proceedings before federal administrative agencies. Most states have similar statutes to regulate state agencies.
With agency rulemaking, agency action is subject to congressional review. Congress writes the laws agencies enforce and controls the money these agencies receive.
Administrative agencies must also follow the U.S. Constitution. For instance, the Constitution prohibits the government from depriving people of life, liberty, or property without due process.
Agencies must provide people with fair warning and a chance to respond. This gives them a chance to challenge agency actions that affect their rights. For example, agencies may not deny welfare benefits to applicants who qualify without providing them with an oral hearing. And, if a state grants all resident children the right to attend public schools, state-funded school districts cannot suspend a student for alleged misconduct without notice and at least a prior hearing.
Finally, administrative law judges hear cases related to specific agencies and their regulations.
What Are Federal Administrative Government Agencies?
Here is a list of just some of the agencies that enforce laws and regulate industries. These agencies also provide substantive decision-making and services in many sectors. Some of the federal government agencies that have administrative functions include:
- Environmental Protection Agency (EPA)
- Federal Communications Commission (FCC)
- Securities and Exchange Commission (SEC)
- Federal Trade Commission (FTC)
- Food and Drug Administration (FDA)
- Internal Revenue Service (IRS)
- Social Security Administration (SSA)
- U.S. Equal Employment Opportunity Commission (EEOC)
- Occupational Safety and Health Administration (OSHA)
- Consumer Product Safety Commission (CPSC)
- Federal Aviation Administration (FAA)
- National Highway Traffic Safety Administration (NHTSA)
- Federal Energy Regulatory Commission (FERC)
State Administrative Agencies
Not all states will have all these agencies. Some may call their administrative agencies something different. But here is a sampling of some types of administrative state agencies.
- California Department of Motor Vehicles (DMV)
- Texas Workforce Commission
- Florida Department of Health
- New York State Department of Environmental Conservation
- Illinois Department of Financial and Professional Regulation
- Pennsylvania Game Commission
- Michigan Department of Agriculture & Rural Development
- Virginia Department of Education
- Colorado Department of Regulatory Agencies
- Minnesota Pollution Control Agency
There are also administrative agencies at the local government level. Together, these federal, state, and local agencies play significant roles in administrating and regulating various sectors. They help ensure the effective implementation of laws and policies. Administrative decisions, public laws, and new agency regulations are subject to judicial review.
Do I Need to Hire an Administrative Law Attorney?
There are over 100 federal administrative agencies and countless more that represent states, counties, cities, and other municipalities. These agencies regulate everything from transportation safety to local zoning ordinances. Federal and state regulations cover administrative agencies. However, each agency may have its own processes and procedures for handling claims.
If you have a problem with agency interpretations, you can talk to an attorney familiar with the area of law and the specific agency. Contact a local and experienced administrative law lawyer for advice, representation, and guidance.