Administrative law oversees the creation of governmental agencies and controls their functioning. Administrative agencies oversee the implementation of the federal laws governing social security, disability benefits, and environmental protection. Some agencies also oversee local state rules and regulations placed on any person who holds a professional license in a certain industry. If one is facing an issue in any of these areas, they may need to hire an experienced lawyer who understands the scope of administrative law and how these agencies function.
Before you start your search for an administrative lawyer, we give you some useful information that will surely help.
Administrative Procedure Act (APA)
The APA governs the way administrative bodies enact laws. The purpose of this Act is to ensure the administrative bodies act within their purview and provide information to the general public about the body’s operations.
Agencies are bodies established by the government to create and enact regulations according to their jurisdiction. Typical examples include state agencies, such as, Texas Alcoholic Beverage Commission (TABC), Board of Nursing, Board of Pharmacy, Employment or Teachers’ Retirement Systems (ERS/TRS), Lower Colorado River Authority (LCRA), Public Utilities Commission (PUC), Texas Real Estate Commission (TREC), or Board of Dental Examiners, just to name a few.
A federal register includes details about the regulations respective agencies intend to pass. The register must also include the final versions of the regulations waiting to be enacted and public notices.
Code of Federal Regulations (CFR)
CFR is a yearly publication of the federal register that includes details about the different regulations passed by administrative agencies during that year.
When Do You Need an Administrative Lawyer?
The federal government has more than 100 administrative agencies that regulate rules and regulations in different areas. Individuals who suffer damages due to the actions of an agency operating in these areas may need to hire an administrative attorney. Other typical instances where hiring an administrative attorney can help include the loss or suspension of a professional license, even after complying with all the regulations, or the denial of social security or disability benefits to eligible candidates.
It is important to make sure the attorney has the experience handling related disputes and is willing to deal with the relevant agency. This is because the bodies provide different methods of filing grievances. Non-compliance with these regulations can result in your losing the right to file an appeal.
Fees Charged by an Administrative Lawyer
Administrative lawyers usually charge on a per hour basis. Individuals opting for this arrangement must first request an estimate of the time the professional will be spending on their case. For social security or disability cases, attorneys may charge a contingency fee where they will take a percentage of the settlement you receive at the end of your case. Administrative lawyers may also charge a flat fee for simple cases. You must also ask about miscellaneous expenses such as filing fees, delivery charges, and court costs. The client is responsible for paying these miscellaneous expenses.
Some Common Areas of Practice
- Environmental, Land Use, or Zoning
- Social Security or Disability Law
- Professional Licensing Agencies
- Regulatory Agencies
- VA Benefits
- School Law
Final Few Words
Hiring an administrative lawyer can help you contest-specific laws or regulations that impact your business or personal interests. That said, hiring an expert with experience in handling similar cases can help in obtaining a favorable decision. At LRS, we match individual requirements with attorney qualifications and experience to ensure you get a relevant referral.
Do you need an administrative or social security lawyer? Fill out our contact form and our intake staff will get back with you with helpful information. You can also call us at 512-472-8303 or toll-free 866-303-8303.