Question

What is the need for a special area of law for administrative agencies? Why would the law as it applies to businesses apply not just as well to administrative agencies?

Answer 1

The US Constitution mentions only three branches of government: legislative, executive, and judicial (Articles I, II, and III). There is no mention of agencies in the Constitution, even though federal agencies are sometimes referred to as “the fourth branch of government.” The Supreme Court has recognized the legitimacy of federal administrative agencies to make rules that have the same binding effect as statutes by Congress.

The facets of administrative law are broad and wide, as this type of law covers various different practices. Administrative legal systems encompass government procedures, regulations, processes and other items that are complex and generally difficult to define.

When a lawyer is covering administrative law issues, this could mean specific governmental regulations, public programs, federal and state issues and even agency problems. Many employees seek and administrative lawyer for assistance with an appeal to a decision made through a board, division, department, counsel or panel. These complications may range from simple benefits denials to other issues where the person lost his or her job. Many processes these laws cover are through company actions and activity carried out on behalf of a board that deliberates on the information provided. The process to appeal this is generally long and complex.

There are specific rules and protocols for following administrative matters. The confines usually lead to employees needing legal assistance to even understand how to navigate the procedures. This means hiring an administrative lawyer, collecting evidence and documentation about an incident and fighting through an appeal.