{"id":357960,"date":"2016-04-04T10:46:17","date_gmt":"2016-04-04T15:46:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/administrative-law.html"},"modified":"2024-01-22T16:46:25","modified_gmt":"2024-01-22T21:46:25","slug":"administrative-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/administrative-law.html","title":{"rendered":"What Is Administrative Law?"},"content":{"rendered":"\n
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What Is Administrative Law?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Administrative law governs how federal, state, and local agencies create rules, make decisions, and carry out their authority. Because these agencies operate under complex procedures and have significant discretion, it can be difficult to know which laws apply or how to challenge an agency\u2019s actions.<\/p>\n\n <\/div>\n\n\n\n

Administrative law defines how government operates at every level, from federal agencies to city councils and county offices.\u00a0In theory, administrative law is top-down, from federal to state to local laws. In reality, it isn’t that simple.<\/p>\n

In some cases, local laws could have precedence over state laws. Sometimes, it isn’t clear which laws apply. The federal law that created administrative procedure provides basic guidelines, but no more than that. It is up to the agencies themselves to work things out.<\/p>\n

If a government decision affects your rights or benefits, legal help is available. An administrative law attorney<\/a> can help you navigate hearings, appeals, and regulatory processes.<\/p>\n

Where Administrative Law Begins<\/h2>\n

Under the U.S. Constitution<\/a>, only Congress has the right to regulate government agencies. Congress delegates some of its regulatory authority to various agencies. Some agencies, such as the Department of Justice (DOJ) and the Department of Labor (DOL), act under the direct control of Congress and the President.<\/p>\n

Other agencies, like the Federal Trade Commission<\/a> (FTC) and the Environmental Protection Agency<\/a> (EPA), exist independently. They can create new regulations based on congressional laws in coordination with federal and state agencies.<\/p>\n

Congress passed the\u00a0Administrative Procedure Act<\/a> (APA) to ensure uniform regulatory actions. The APA established the procedures for creating new rules and adjudicating regulations, claims, and disputes involving the agency. In administrative law, agencies often act like mini\u2011courts. When they \u201cadjudicate,\u201d they review the facts, apply their rules, and issue a decision\u2014similar to how a judge would resolve a case.<\/p>\n

This means that whenever an agency like the EPA develops a new regulation, it must give the public a chance to comment on the new law in person or in writing. The Federal Register<\/a>\u00a0contains the proposed rules for comment.<\/p>\n

How Administrative Law Functions<\/h2>\n

Administrative agencies exist at almost every level of government. Federal agencies handle government benefits like:<\/p>\n