What is Administrative Law?
There is no universally accepted definition of administrative law, but rationally it may be held to cover the organization, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another and with citizens and nongovernmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials.
Administrative law is to a large extent complemented by constitutional law, and the line between them is hard to draw. The organization of a national legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law, whereas the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law. But some matters cannot be exclusively assigned to either administrative or constitutional law.
In the United States, administrative law (or regulatory law) is a branch of public law that applies to federal as well as independent agencies. Administrative federal law defines the duties and responsibilities of executive branch agencies and independent agencies; when the executive, legislative, and judicial branches of federal government are unable to directly carry out their constitutional duties, federal- and state-level government bodies issue directives to monitor activities in complex areas.
In California, “[t]he Office of Administrative Law (OAL) ensures that agency regulations are clear, necessary, legally valid, and available to the public. OAL is responsible for reviewing administrative regulations proposed by over 200 state agencies for compliance with the standards set forth in California’s Administrative Procedure Act (APA), for transmitting these regulations to the Secretary of State and for publishing regulations in the California Code of Regulations.”
Administrative Procedure Act
The Administrative Procedure Act (APA) enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and grants U.S. federal courts oversight over all agency actions. It is one of the most important pieces of United States administrative law, and serves as a sort of “constitution” for U.S. administrative law.
Hoffman & Forde’s Administrative Law Firm Services
Our team of attorneys are experienced defending professionals from malpractice claims, regulatory complaints and licensing board hearings in California. Our attorneys bring years of success to administrative and professional licensing law having represented every kind of licensed professional including medical personnel, real estate agents & brokers, accountants, engineers, contractors, social workers, insurance brokers, and fiduciaries. Business owners & managers are subject to the influence of government and the law in the workplace. When facing reproval, penalties, fines, probation, suspension, revocation or even a lifetime ban trust our attorneys to defend your license and your livelihood.
Your Southern California Administrative Law Attorneys
At Hoffman & Forde, our attorneys are experienced California administrative law attorneys, and we defend licensed professionals and businesses before the Medical Board, Department of Insurance, Department of Real Estate and other California licensing agencies. We have many years of administrative hearing experience before the Office of Administrative Hearings (OAH), as well as license defense experience in other administrative law forums.
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