What You Need to Know About Administrative Law
According to the Legal Information Institute, administrative law is a “Branch of law governing the creation and operation of administrative agencies.” In other words, it’s a body of law that will carry out laws and regulations passed by Congress and the state legislature.
Congress passes many laws on complicated issues and administrative agencies help fill in the gaps and make additional rules to help Congress achieve its goals. Agencies usually work within a specific issue or area of law. A great example of this is the Social Security Administration or SSA. The SSA was created to implement Congress’s social security and disability laws, and will receive all the applications sent in by individuals applying for disability benefits, determines who will be eligible for those benefits, and will pass rules and regulations to ensure those who are deserving of those benefits are the ones receiving them. When talking about the administrative law, there are some key terms to know:
- Administrative law judge: A judge who only hears cases related to a specific agency’s regulations, such as a Social Security benefits appeal
- Agency: A regulatory body established by Congress or a state Legislature, usually given the power to write, monitor and enforce specific regulations
- Hearing: An administrative procedure similar to a trial, where an administrative law judge or review board hears evidence and arguments, then makes a ruling on an administrative issue
- Administrative Procedure Act (APA): A federal law that governs how administrative agencies can propose and enact regulations
- Code of Federal Regulations (CFR): An annual publication containing all of the rules and regulations passed by administrative agencies each year
- Federal Register: A daily publication containing notices of proposed rules that agencies intend to pass, as well as the final versions of rules and regulations expected to be enacted
Rules and regulations passed by administrative agencies are not the same as laws that are passed by Congress, however, if you do not abide by the rules an administrative agency has put into effect, you can be penalized for your actions. Certain agencies, such as the Social Security Administration can make decisions that can severely affect your benefits and even your livelihood.
When you need an administrative lawyer, you can count on the attorneys at Skinner & Associates. Give us a call today at 614-664-0200, or visit our website to learn more about how our highly trained staff can help you.
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References
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