Administrative law is one of the most interesting branches of law. It focuses on determining the duties and responsibilities of state officials leveraged against the rights of private citizens to bring litigation against those state officials.
There are two main types of administrative law. They are Rules and Regulations and Administrative Decisions. Both of these branches serve their own unique functions and together encompass the whole of administrative law.
This guide will break down the different roles that these types of administrative law play and also the circumstances in which they are utilized. If you are interested in administrative law as a career, this guide can help you decide which type would be best suited for you.
What Are Rules and Regulations in Administrative Law?
The Rules and Regulations branch of administrative law is the standard by which all state and government officials should operate. The Rules and Regulations were put in place as a response to the early human rights violations and public resource looting that was prevalent by state and government entities before they were set into place.
The rulemaking process is carried out by federal agencies granted the power by Congress to create, change, or repeal rules or implement statutes into law. Regulations that have been introduced to the law in this manner then begin to be upheld and enforced.
Even state and government agencies are subject to the laws set into place by the current Administrative Rules and Regulations. They have been placed specifically to delegate the actions of the state and federal government and the laws that they are allowed to introduce and uphold.
The Rules and Regulations also keep lawmakers from introducing new laws without announcing them first to the public. All proposed laws must be in compliance with the current standard set of Rules and Regulations currently being upheld.
If the proposed law does not meet the criteria of the Rules and Regulations it will not be allowed to pass and the proposal will have to be reworked. Checks and balances like these in the government at the state and federal levels are important.
Keep in mind that the Rules and Regulations can be changed by federal agencies with the permission of congress. These federal agencies are also in charge of enforcing the Rules and Regulations and overseeing litigation of any entity in breach of these Rules and Regulations.
An administrative lawyer will be in charge of overseeing the implementation and assessment of the current rules and regulations, as well as opposing newly proposed ones on behalf of some legislative entity.
Highlighted programs for you
University of Maryland Global Campus
University of Maryland Global Campus
What Is the Administrative Decisions Law Type?
Administrative decisions are a part of the law that deals with the different decisions made internally under the Rules and Regulations as they are currently set. Administrative decisions focus on implementing and enforcing the guidelines to which all state and federal officials are subject.
Administrative decisions are designed for use by government officials and public service workers. The exact definition of an administrative decision is an unchallenged decision made by some type of administrative entity that introduces the prospect of legal consequence.
While administrative decisions have an enormous amount of legislative power, they still must be compliant with the Rules and Regulations put in place by the federal agencies assigned by Congress.
A lawyer specializing in administrative law will be assigned to oversee any disputes arising between public employees and the administrative bodies that manage them. Common administrative decision disputes are centered around firings, benefit denials, and other conflicts centered around the decisions of an administration.
These decisions must be appealed with the help of a lawyer specializing in administrative law. This is a long and often complex process. It can sometimes take many months or even years to fully resolve administrative decision conflicts.
What Exactly Is Administrative Law?
Administrative law refers to the standards by which legislations put in place by government bodies, companies, and businesses must adhere. Some of these legislations can have an effect on the general public, but most are centered around internal decision-making by government agencies and public service organizations.
All agencies of the state and federal government are subject to the Rules and Regulations currently in place that make up the framework for administrative law. This includes their employees, who with the help of a lawyer specializing in administrative law, can appeal unilateral decisions made by the governing body.
As previously mentioned, the administrative rules and regulations are meant to only affect government and company decision-making.
What Does an Administrative Lawyer Do?
A lawyer specializing in administrative law can be hired by parties who are currently in the appeal process of an administrative decision. An example of this would be an employee who feels they were wrongfully terminated by a state or federal agency or company.
An administrative lawyer will oversee the litigations and mediate the appeal process and interact with the two opposing parties. They will present evidence in court to support or oppose an administrative decision that has been.
It will be up to a judge to ultimately decide what the outcome of an administrative appeal will be. An administrative lawyer will help ease the appeal process and try to reach a verdict quicker.
Do I Need an Administrative Law Lawyer?
If you are in a dispute with your employer or former employer, then you could consider hiring an administrative law lawyer to help you during the appeal process. Generally, you will require a lawyer that specializes in administrative law to have any chance of success for your appeal.
Keep in mind that an administrative lawyer should only be considered if you feel that you have been wronged in some significant way. Litigation and appeals can be expensive, so weigh your options and be sure that you are ready to commit the time and money needed to properly win your appeal.
You can hire an administrative lawyer in your area by searching through the classifieds or doing an internet search. You should consider who you hire very carefully, as they will be your direct representative during the entire appeal process.
You can expect to pay between $150 to upwards of $500 dollars an hour for an administrative lawyer to work your appeal. The exact price will depend on several factors, including the complexity and nature of your appeal, as well as any complications that might arise during the process.
Should You Become an Administrative Law Lawyer?
Those who are interested in administrative law will have several different focuses that they can choose from. These include:
- Rules and Regulations
- Homeland Security
- State Law
- Election Law
- Trade and Taxation Law
- Transportation Law
- Regulatory Policy
All of the facets above have their own unique need for administrative law. As an administrative lawyer, it will be up to you to oversee the implementation and enforcement of all administrative decision-making, as well as the resolution of any conflicts resulting in appeals.
A lawyer specializing in administrative law can expect to earn $105,000 a year. As this number implies, the field of administrative law is quite lucrative for lawyers who choose to specialize in it. It is not uncommon for administrative lawyers to reach close to $200,000 a year at some point in their career.
That being said, the road to becoming an administrative lawyer is quite challenging. The courses that are required to practice administrative law are among the most difficult in the whole of law school. Because of the extremely sensitive nature of administrative decisions, much is required of a lawyer to be able to properly mediate them.
Once you have earned your credentials to legally practice administrative law, you can expect to work between 60 to 80 hours a week, depending on the clients that you have. It is not uncommon for administrative lawyers working in large sectors of the government to incur work hours exceeding this amount.
You will need to have a passion for the law and a dedication to building your reputation to do well in the administrative law field. You will be compensated greatly for your hard work, but it is one of the more strenuous branches of law that you could possibly work in.
It will ultimately be up to the individual to decide if administrative law is right for them. For someone who is willing to do the hard work to practice in one of the most lucrative law fields there is, it could be a great option.
Using the information in this guide, you now have a better understanding of the different facets of administrative law and the functions that they serve. Administrative law is one of the most interesting branches of the law, as it serves so many different services spanning all parts of the professional world.
If you are interested in administrative law, you can use this guide to help you choose which type is best suited for you. This guide has provided detailed breakdowns of all of the different types of administrative law for you to consider.