Administrative law is unlike any other area of law and is layered with complexities. At Progressive Law, LLC, our administrative law attorney in MA answers common questions many clients have when they first meet with us. Here is an overview of many of those questions.
For more detailed answers that will better address your specific case or situation, contact our administrative law lawyer today at 9787468843 to schedule a Free 15 Minute Telephone consultation. Whether you are facing regulatory challenges, dealing with government agencies, or seeking clarity on administrative processes, we can provide invaluable insight and smart representation.
What is Administrative Law?
Government agencies at all levels (federal, state, and local) have certain relationships between the agency and private individuals and businesses. Administrative law governs those relationships. It is a branch of legal practice that focuses on the actions, decisions, and regulations of administrative agencies.
These agencies are responsible for implementing and enforcing laws, rules, and regulations in various sectors, such as healthcare, environment, taxation, immigration, and more.
What is the Administrative Procedures Act?
The Administrative Procedures Act (APA), 5 U.S.C. §§ 551–559, is a federal law that establishes the rules and procedures federal government agencies must follow when exercising their powers. For example, it requires agencies to publish notices of proposed and final new rules. It also outlines the adjudication process when someone challenges an agency action or decision.
Many states have their own APA-equivalent laws.
What Agencies are Governed by Administrative Law?
Over 100 U.S. federal and state agencies are governed by administrative law. Here is a short list of agencies most relevant to individuals and businesses in MA:
- Department of Motor Vehicles (DMV). Responsible for driver's licensing, vehicle registration, and related matters.
- Department of Health. Deals with public health initiatives, disease prevention, and health services.
- Department of Education. Oversees public education, curriculum standards, and school administration.
- Environmental Protection Agency (EPA). Manages environmental regulations, pollution control, and natural resource conservation.
- State Police or Highway Patrol. Enforces state traffic laws, maintains public safety on highways, and assists with law enforcement.
- Department of Revenue or Taxation. Handles tax collection, revenue administration, and financial regulation.
- Department of Labor. Addresses labor laws, worker rights, and workplace safety regulations.
- Housing Authority. Manages affordable housing programs, public housing projects, and housing assistance.
- Public Utilities Commission. Regulates utilities such as electricity, water, and telecommunications to ensure fair pricing and service quality.
- Department of Social Services. Administers social welfare programs, including welfare assistance, food stamps, and child protective services.
- Department of Environmental Conservation. Focuses on natural resource management, conservation, and ecological sustainability.
- Board of Elections. Oversees electoral processes, voter registration, and election integrity.
- Department of Commerce or Economic Development. Promotes economic growth, supports businesses, and attracts investments.
- Department of Transportation. Manages transportation infrastructure, road maintenance, and public transit systems.
- Department of Consumer Affairs. Protects consumer rights, investigates complaints, and enforces consumer protection laws.
- Department of Aging or Elderly Services. Provides support and services for the elderly population.
- Human Rights Commission. Addresses discrimination, civil rights violations, and promotes equal treatment.
- Emergency Management Agency. Coordinates disaster response, preparedness, and recovery efforts.
- Department of Cultural Affairs. Supports cultural institutions, arts programs, and heritage preservation.
- Planning and Zoning Department. Manages urban planning, land use regulations, and zoning ordinances.
- Fire Department. Responsible for firefighting, fire prevention, and emergency response.
- Public Health Department. Focuses on community health, disease prevention, and health education.
- Veterans Affairs Department. Provides support and services to military veterans.
- Department of Natural Resources. Manages state or local natural resources, wildlife, and outdoor recreation.
- Alcohol Beverage Control Board. Regulates the sale and distribution of alcoholic beverages.
The names and specific responsibilities of these agencies will vary somewhat based on their location and governmental structure.
What Do Administrative Agencies Do?
Government agencies are given powers to carry out certain functions on behalf of Congress at the federal level, state legislatures at the state level, and local officials at the local level. The legislature passes a law and then delegates a government agency with the responsibility for creating, adjudicating, and enforcing rules, procedures, and regulations that support the objectives of the broader law.
More specifically, functions carried out by an administrative agency may include but are not limited to:
- Creating and implementing rules and regulations
- Enforcing laws and regulations within their specific jurisdiction
- Making decisions in individual cases, e.g., granting permits or licenses
- Conducting investigations and audits
- Adjudicating disputes through administrative hearings
- Providing guidance and interpreting laws and regulations
- Monitoring compliance with regulations
The functions of any given federal or state administrative agency will vary according to the agency's purpose and the extent of their responsibilities.
What are Some Examples of Administrative Law in Action in MA?
The below examples highlight how administrative law structures and processes come into play in various contexts.
- Social Security Administration (SSA) Disability Benefits. The SSA administers disability benefits for individuals who are unable to work due to medical conditions. Administrative law comes into play when individuals appeal decisions regarding their eligibility for benefits. This involves hearings before administrative law judges who review evidence, hear testimony, and make determinations based on administrative law principles.
- Environmental Protection Agency (EPA) Regulations. The EPA enforces regulations aimed at protecting the environment. Administrative law is involved in the rule-making process, public comment periods, and legal challenges to these regulations. For example, if a company believes an EPA regulation is unfairly burdensome, they may challenge it through administrative law procedures.
- Immigration and Naturalization Services (INS) Hearings. Administrative law is integral to immigration proceedings. Individuals facing deportation or seeking asylum have their cases heard by immigration judges. These judges operate within the administrative framework, and their decisions can be appealed to the Board of Immigration Appeals, which is part of the administrative structure.
- Occupational Safety and Health Administration (OSHA) Citations. OSHA sets and enforces workplace safety regulations. If a company is cited for violating safety standards, they have the right to contest the citation. This involves a process within the agency that allows for hearings and a determination by an administrative law judge.
- Federal Communications Commission (FCC) Licensing. The FCC regulates communications and broadcasting. Administrative law comes into play when entities apply for licenses to operate radio stations, TV stations, or communication networks. The agency follows administrative procedures to review applications, solicit public input, and make licensing decisions.
- Social Services Benefit Appeals. State and local social services agencies administer programs like welfare assistance or food stamps. If an individual's application is denied or their benefits are terminated, they can appeal the decision. Administrative law ensures that these appeals are heard fairly and that due process is followed.
- Zoning and Land Use Disputes. Administrative law governs the zoning and land use decisions made by local planning and zoning boards. If a property owner believes their zoning designation is unfair or restrictive, they can appeal to these administrative bodies. The appeals process involves administrative law principles to ensure a fair hearing and decision.
- Health Department Regulations. Local health departments enforce regulations related to food safety, sanitation, and public health. Administrative law is involved in the enforcement process, including issuing citations for violations and allowing businesses to contest those citations through administrative hearings.
- Employment Discrimination Claims. Administrative law comes into play when individuals file employment discrimination claims with agencies like the Equal Employment Opportunity Commission (EEOC). These agencies investigate claims, attempt to mediate between parties, and may litigate on behalf of the complainant if resolution isn't reached.
- Educational Administrative Hearings. Disputes between students, parents, and educational institutions, particularly in cases of disciplinary actions or special education services, often go through administrative processes. These processes ensure that students and parents have avenues to challenge decisions and assert their rights.
These examples show how administrative law impacts situations where government agencies interact with individuals, businesses, and other entities.
How is Administrative Law Different from Other Areas of Law?
Administrative law is a unique area of law that applies specifically to bureaucratic agencies. Unlike criminal or civil law cases, administrative law matters are heard by administrative courts.
These specialist courts are set up by the agency to decide matters according to the agency's rules and policies and often take the form of a tribunal or commission of subject-matter experts.
Administrative courts also follow the procedures established under the APA (or state equivalent), rather than criminal or civil rules of procedure.
How Does an Administrative Agency Make Rules?
Under the APA, an agency first must publish the proposed rule in the Federal Register—a daily journal of various public documents. There is then a period for public comments on the proposed rule. Hearings may also be held.
Based on this feedback, the agency amends the rule and republishes it, if the changes are significant.
The agency then sends the new rule to the Office of Administrative Law which reviews whether the rulemaking process complied with the APA. Once this is confirmed, the final rule is published again in the Federal Register and eventually the Code of Federal Regulations. It typically becomes effective 30 days after it is published in the Code of Federal Regulations.
The process is similar for state administrative agencies in MA.
What are the Most Common Types of Administrative Law Cases in MA?
The most common types of administrative law cases include those where:
- An agency brings a case against an individual or business in an administrative court for the violation of a rule or regulation created by the agency (broadly referred to as enforcement cases)
- An individual or business files a complaint with an agency, challenging a rule or policy made by the agency (regulatory cases).
- An agency denies an individual or business benefits, such as workers' compensation or unemployment benefits, and the individual or business appeals the denial (entitlement cases).
As you can see, administrative law cases almost always involve interactions between an individual or business and a government agency at the federal or state level.
How Does Administrative Law Impact Individuals and Businesses?
Administrative law has a significant impact on individuals and businesses by governing interactions with government agencies. It influences various aspects of daily life, including:
- Obtaining licenses and permits to operate businesses
- Navigating regulatory compliance requirements
- Seeking government benefits or approvals
- Addressing disputes with government agencies
- Challenging agency decisions through appeals or hearings
- Advocating for changes to regulations
When Do I Need an Administrative Law Attorney in MA?
Whether you are an individual or a business, many situations exist where you may benefit from an administrative law attorney. Some of these situations include the following:
- Licensing and Permits. When seeking licenses or permits for your business, an attorney can guide you through the application process, ensuring compliance with requirements.
- Regulatory Compliance. Attorneys help individuals and businesses understand and adhere to complex regulatory frameworks.
- Government Investigations. If you're under investigation by a government agency, an attorney can protect your rights, navigate the investigation, and advocate on your behalf.
- Administrative Hearings. Attorneys can represent you in administrative hearings, presenting your case, cross-examining witnesses, and arguing for a favorable outcome.
- Government Contracts. When dealing with government contracts, an attorney can draft, review, and negotiate terms to protect your interests.
- Zoning and Land Use. Attorneys can help navigate local zoning regulations for property development or land use changes.
- Professional Licensing. If your professional license is at risk due to regulatory action, an attorney can provide representation and help preserve your license.
What Should I Expect in an Administrative Hearing in MA?
An administrative hearing is a legal proceeding where parties present evidence, arguments, and testimony before an administrative law judge or panel. If you must attend an administrative hearing, your attorney will help you gather evidence, prepare witnesses, build your case, and otherwise prepare prior to the hearing.
At the hearing, your attorney will present your case, including opening and closing statements, examination of witnesses, and submission of evidence. You may be called to testify, and if you are, then the opposing side will have an opportunity to cross-examine. Your attorney will also cross-examine any witnesses presented by the other side.
After the hearing, the administrative law judge or panel will typically review the evidence and arguments presented and issue a written decision.
How Can an Administrative Law Attorney Help in Appeals?
When an agency makes a decision on any particular matter and you disagree with it, you typically have a right to appeal it through administrative channels. An attorney can help you with the appeal in many ways, which include but are not limited to:
- Reviewing and analyzing the agency's decision to identify legal errors or improper procedures
- Drafting and preparing legal arguments explaining why the decision should be overturned
- Presenting your case during the appeal process, whether before an appeals board or a court
- Exploring and negotiating settlement options to resolve disputes without a formal appeal
How Can I Advocate for Regulatory Changes?
Businesses often want to see regulatory changes that positively impact the economy, but there are other reasons why individuals and businesses want changes in regulation. An administrative law attorney can help you advocate for those changes by:
- Gathering data and evidence to support the need for change
- Crafting proposed rule changes or legislative amendments
- Engaging stakeholders by building coalitions, testifying at hearings, and engaging with relevant parties to gain support
- Navigating procedures to understand the administrative rulemaking process and ensure compliance
What Are the Key Challenges in Administrative Law?
Due to its layered nature, challenges often arise. The following are common yet broad challenges you can anticipate.
- Complexity. Navigating intricate regulations and procedures can be daunting and lead to errors or misunderstandings
- Power imbalance. Government agencies often have significant authority, creating a power imbalance between individuals/businesses and agencies
- Timelines. Administrative processes can be time-consuming, affecting timely resolutions
- Changing regulations. Frequent regulatory changes can impact compliance and decision-making
How Can I Choose the Right Administrative Law Attorney?
Finding the right administrative law attorney for you will really depend on you, your administrative law matter, your expectations, and your needs. You will want to align those with the attorney's qualifications and characteristics.
Generally speaking, you want to consider the following when selecting an administrative law attorney:
- Experience. What is the attorney's expertise in administrative law and relevant sectors?
- Track Record. What is the attorney's success rate in handling cases similar to yours?
- Communication. Will the attorney communicate effectively and keep you informed?
- Compatibility. Are you comfortable working with the attorney and trusting their guidance?
At Progressive Law, LLC, our administrative law attorney in MA can answer any questions you have and, together, we can determine if we are a good fit.
How Much Does an Administrative Law Attorney Cost?
The costs of an administrative law lawyer vary greatly. The factors determining the costs include but are not limited to:
- How the attorney charges (fixed rate, hourly, subscription, or on a contingency fee basis)
- The attorney's experience
- The attorney's jurisdiction
- The relevant administrative agency
- The legal issue at hand
- The extent of the stakes involved in the case
You can contact our administrative law lawyer in Haverhill to inquire about the cases we handle, our experience, our fees, and much more.
Contact an Administrative Law Lawyer in Haverhill Today
Navigating administrative law matters requires specialized knowledge and expertise. Whether you are dealing with regulatory compliance, government investigations, administrative hearings, or appeals, our administrative law attorney at Progressive Law, LLC will guide you through the complexities.
If you have specific questions or need assistance, reach out to us by using the online form or calling us at 9787468843 to schedule a Free 15 Minute Telephone consultation. We will protect your rights and help you achieve the best possible outcome.