Administrative Law

Administrative Law

Executive branch administrative agencies are created by legislative enabling statutes and their decisions are typically subject to judicial review. However, government agencies develop their own set of processes, generally modelled on the Federal Administrative Procedure Act, for exercising agency authority over persons or entities they govern. While generally operating along a certain set of guidelines, these processes can be uniquely tailored to suit agency needs.

While agency decisions are subject to judicial review, they receive greater much greater discretion in their decision-making authority than district court judges receive from the appellate courts. The reason for this is two-fold. First, administrative agencies are presumed to have greater expertise in the subject matter they administer than legislatures and courts. Second, administrative agencies typically govern entitlements and licenses that receive less protections than more fundamental rights like life, liberty, and property. Where administrative agencies have greater discretion to make their decisions, there is greater room for abuse, and the conscious or unconscious preferences of a single decision maker have a greater opportunity to prevail. Often, dealing with government agencies requires a more nuanced approach than what is called for in a typical civil suit.

Doctors, nurses, attorneys, realtors, and other licensed professionals know well the power that administrative agencies have over the practice of their profession. Certain industries, such as healthcare, construction, and cannabis are subject to significant administrative decision and control. In fact, most professional or business activities where there is a public interest in regulation are subject to some kind of agency scrutiny. The increased complexity of agency processes combined with the decreased protection and review available to licensees makes it important to hire an attorney. Typically, the ability of a licensed professional or business to continue viable operations depends directly on the outcome of an agency decision. It is best to trust such matters to a trained professional before a negative agency decision affects your livelihood.

We understand that navigating administrative processes can be both important and complex. If you are subject to administrative agency action, or if you need help responding to an agency inquiry, contact us today to schedule a consultation.