Administrative law is the area of law that governs the operation of the administrative agencies of federal, state, and local governments. Aspects of this public area of law include rulemaking, adjudication, investigation, and enforcement of specific regulatory agendas. The federal government alone is home to more than 100 administrative agencies. Two of the more regulated federal agencies are the U.S. Department of Agriculture and the Environmental Protection Agency.
Some common examples of administrative agencies that most companies will have contact with at some point include:
- Social Security Administration
- Unemployment commissions
- Labor commissions
- Workers’ compensation boards
- Licensing agencies
- Zoning boards
- Equal opportunity commissions
If you need legal help navigating the confusing maze of rules and procedures that most administrative agencies operate under, contact a corporate litigation attorney at Burg Simpson by filling out our Free Case Evaluation form or you can call our Cody, Wyoming attorneys at 307-527-7891.
Administrative law is so complex that it comes with its own vocabulary. Some important terms to know with this area of law include:
- Administrative law judge – This is a judge who hears cases related to a particular agency’s regulations.
- Administrative Procedure Act – This is the federal statute that governs administrative agencies.
- Agency – This is a regulatory body established by a legislative body, with the power to write, monitor and enforce regulations.
- Code of Federal Regulations - An annual publication distributed by the federal government that contains all of the rules and regulations passed by administrative agencies annually.
- Federal Register - A daily publication containing notices of proposed rules agencies intend to pass.
- Hearing – A procedure similar to a trial, where an administrative law judge or review board hears evidence and arguments, then rules on an administrative issue.
If you are dealing with an agency that can influence the future of your business, get in touch with a civil litigation attorney as soon as possible. Call Burg Simpson Wyoming at 307-527-7891.
The federal government publishes anywhere from 2,500 to 4,000 rules every year, which have an estimated economic impact of $100 million annually. There are five levels of rulemaking procedure:
- Formal rulemaking: These are rules “made on the record after agency opportunity for hearing.”
- Informal rulemaking: This is often referred to as “notice-and-comment rulemaking,” where there are no procedural requirements.
- Hybrid rulemaking: This is rulemaking for which the requirements go beyond notice and comment, but do not reach the level of formal rulemaking.
- Negotiated rulemaking: A process where government agency representatives from and relevant interest groups negotiate the terms of a proposed rule.
- Publication rulemaking: This procedure is for procedural and interpretative rules, in advance of possible publication in the Federal Register.
Obviously, nearly every aspect of this process is incredibly complex. If your business is at risk because of a proposed administrative rule, you need the legal help of an expert in administrative law. Burg Simpson can help. Call us today at 307-527-7891.
Call a Business Attorney As Soon As Possible
Burg Simpson’s Wyoming attorneys are admitted to practice law in many state and federal courts around the country. If you need legal assistance or representation with an administrative matter, Burg Simpson can help. Call us today at 307-527-7891 or complete our Free Case Evaluation Form HERE.