Administrative law references, resources and articles.
Administrative law is the body of law that arises from the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a state regulatory scheme in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies world-wide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction.
Administrative law in common law countries
Generally speaking, most countries that follow the principles of common law have developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies. Often these procedures are coupled with legislation or other common law doctrines that establish standards for proper rulemaking.
Administrative law may also apply to review of decisions of so-called quasi-public bodies, such as non-profit corporations, disciplinary boards, and other decision-making bodies that effect the legal rights of members of a particular group or entity.
While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process (United States) or fundamental justice (Canada). Judicial review of administrative decision, it must be noted, is different from an appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in appeal the correctness of the decision itself will be under question. This difference is vital in appreciating administrative law in common law countries.
The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is patently unreasonable (under Canadian law), Wednesbury unreasonable (under British law), or arbitrary and capricious under (U.S. Administrative Procedure Act and New York State law). Administrative law, as laid down by the Supreme Court in India, has also recognized two more grounds of judicial review which were recognized but not applied by English Courts viz. legitimate expectation and proportionality.
The powers to review administrative decisions are usually established by statute, but were originally developed from the royal prerogative writs of English law, such as the writ of mandamus and the writ of certiorari. In certain Common Law jurisdictions, such as India or Pakistan, the power to pass such writs is a Constitutionally guaranteed power. This power is seen as fundamental to the power of judicial review and an aspect of the independent judiciary.
Administrative law in the United States
(American administrative law)
In the United States legal system, many government agencies are organized under the executive branch of government, rather than the judicial or legislative branches. The departments under the control of the executive branch, and their sub-units, are often referred to as executive agencies. The so-called executive agencies can be distinguished from the many important and powerful independent agencies, that are created by statutes enacted by the U.S. Congress. Congress has also created Article I judicial tribunals to handle some areas of administrative law.
The actions of executive agencies independent agencies are the main focus of American administrative law. In response to the rapid creation of new independent agencies in the early twentieth century (see discussion below), Congress enacted the Administrative Procedure Act (APA) in 1946. Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to “legislate” (through rulemaking), “adjudicate” (through administrative hearings), and to “execute” administrative goals (through agency enforcement personnel). Because the United States Constitution sets no limits on this tripartite authority of administrative agencies, Congress enacted the APA to establish fair administrative law procedures to comply with the requirements of Constitutional due process.
The dominant U.S. Supreme Court case in the field of American administrative law is Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984).
Social Security Disability Law Center of Hill and Ponton, P.A.
Florida Social Security Disabilty Law Frim
- What is VA Secondary Service Connection?by Matthew Hill on July 27, 2021 at 6:20 pm
Most veterans seeking compensation through the Department of Veterans Affairs are aware that they are entitled to file for service-connected disability benefits. Service-connected disability compensation is awarded for injuries or conditions that were incurred in, or experienced aggravation, during active duty military service. However, many veterans are not aware that in addition to direct service The post What is VA Secondary Service Connection? appeared first on Hill & Ponton, P.A..
- Veteran Substance Abuse and VA Disability Benefitsby Cassandra Crosby, Claims Advocate on July 30, 2021 at 2:00 pm
In 2015, over 1.3 million veterans were receiving disability compensation for a mental related condition such as PTSD, general anxiety disorder, major depressive disorder, etc. These conditions, either directly service connected or secondary to another service connected condition represented almost 7% of the total of all veterans disability compensation claims paid out by the Department of The post Veteran Substance Abuse and VA Disability Benefits appeared first on Hill & Ponton, P.A..
- VA-Accredited vs. Non-Accredited Agents: Who Can File Your Claim?by Hill & Ponton P.A. on June 22, 2021 at 7:01 pm
The claims process through the Department of Veterans Affairs (VA) can be tricky and involves many steps. That is why many veterans obtain assistance when handling their VA claims. This can be done through the work of an attorney or an agent, but it is important for them to be accredited for the VA. The The post VA-Accredited vs. Non-Accredited Agents: Who Can File Your Claim? appeared first on Hill & Ponton, P.A..
- VA Disability Ratings for Anxiety Disorders (Top 3)by Amanda Dejesus, Veterans' Advocate on July 21, 2021 at 6:19 pm
VA Disability Ratings for Anxiety Disorders The VA uses a schedule of ratings that determines compensation for mental disorders called the general rating formula for mental disorders. This disability rating schedule for mental disorders ranges from 0, 10, 30, 50, 70, and 100 percent ratings. These VA ratings are based upon severity and occupational impairment. We will The post VA Disability Ratings for Anxiety Disorders (Top 3) appeared first on Hill & Ponton, P.A..
- The VA’s Ratings for Diabetes – Explainedby Mary Klements, Claims Advocate on June 15, 2021 at 12:46 pm
Diabetes Mellitus is a condition that runs rampant among the veteran population. Of those particularly affected is the Vietnam Era community. As these veterans approach the years of wisdom, so too does diabetes creep alongside them. If you are a veteran who is pursuing a compensation claim for type 2 diabetes, or are already receiving The post The VA’s Ratings for Diabetes – Explained appeared first on Hill & Ponton, P.A..
- Survivor’s Benefits | VA Form 21P-534EZ Explained!by Hill & Ponton P.A. on July 12, 2021 at 8:46 pm
Veterans Survivors Benefits and VA Form 21P-534-EZ Many veterans’ families experience tremendous financial hardship following the death of a veteran. When the veteran dies, the surviving spouse and children may also be facing the loss of a significant amount of income. For example, direct benefits from VA disability compensation may cease, along with the veteran’s The post Survivor’s Benefits | VA Form 21P-534EZ Explained! appeared first on Hill & Ponton, P.A..
- PTSD and Vietnam Veteransby Anne Linscott, Attorney on July 26, 2021 at 1:07 pm
Recent studies have found a high prevalence of Post-Traumatic Stress Disorder (PTSD) among Vietnam War veterans. Even decades after the war, there are still approximately a quarter of a million Vietnam Veterans that are suffering from PTSD symptoms. Today, we will look at the possible explanations for this high prevalence in our Vietnam service members, as well The post PTSD and Vietnam Veterans appeared first on Hill & Ponton, P.A..
- DSM-5 PTSD Criteria: Diagnosing Post Traumatic Stress Disorder in Vetsby Rachel Cheek, Attorney on July 6, 2021 at 7:59 pm
Post traumatic stress disorder (PTSD) is a recognized psychiatric disorder that a person may develop after exposure to a traumatic event. For many years, PTSD went widely undiagnosed or was not recognized as the serious condition it is. Thanks to advancements in research and the breakdown of social stigmas, we have more information about the mental health The post DSM-5 PTSD Criteria: Diagnosing Post Traumatic Stress Disorder in Vets appeared first on Hill & Ponton, P.A..
- Can the VA take away my 100% rating based on TDIU?by Brenda Duplantis, Accredited Claims Agent on June 25, 2021 at 2:53 pm
Total Disability Rating Based on Individual Unemployability, or TDIU, is a VA program that awards benefits at the 100% level without a 100% rating. This type of disability is based on employment. To qualify for TDIU, veterans must: have only one service-connected condition rated at least 60% or higher, OR have two or more service-connected The post Can the VA take away my 100% rating based on TDIU? appeared first on Hill & Ponton, P.A..
- Agent Orange Presumptive List of Conditions (2021 Updated)by Hill & Ponton P.A. on June 24, 2021 at 5:02 pm
Agent Orange was an herbicide that the U.S. military used during the Vietnam War. Exposure to Agent Orange is associated with a number of medical conditions, some of which are serious. The Department of Veterans Affairs lists these conditions as presumptive. This means that veterans who meet certain eligibility criteria are automatically eligible for VA The post Agent Orange Presumptive List of Conditions (2021 Updated) appeared first on Hill & Ponton, P.A..
Office of Administrative Law
The Office of Administrative Law (OAL) reviews regulation changes proposed by state agencies for legal and procedural compliance before the regulations can become law, among other regulatory oversight activities.
- September 2020 California Regulatory Notice Registersby chiathao on September 4, 2020 at 6:09 pm
Below are the Table of Contents for California Regulatory Notice Registers published in September 2020. If you would like a copy of a specific California Regulatory Notice Register and the PDF version is not available online, please contact the Office of Administrative Law’s Reference Attorney at email@example.com or (916) 323-6815. Table of Contents for Notice Register 2020, Number 36-Z, September 4, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSIONConflict-of-Interest Code – Notice File Number Z2020-0825-04AmendmentMulti-County:Yucaipa Valley Water DistrictState:California Workforce Development Board TITLE 8. STATE LABOR COMMISSION/DIVISION OF LABOR STANDARDS ENFORCEMENTPublic List of Certain Port Motor Carriers – Notice File Number Z2020-0825-11 TITLE 13. DEPARTMENT OF MOTOR VEHICLESBusiness Partners Automation Due Process – Notice File Number Z2020-0821-01 TITLE 14. FISH AND GAME COMMISSIONRecreational Abalone Closure – Notice File Number Z2020-0825-08 TITLE 18. BOARD OF EQUALIZATIONAllocation of Certificated Aircraft – Notice File Number Z2020-0825-03 TITLE MPP. DEPARTMENT OF SOCIAL SERVICESCalWORKs Overpayment Threshold – Notice File Number Z2020-0825-02 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFEConsistency Determination Request for Butte Creek Ranch Safe Harbor Agreement, 2089-2020-005-01, Siskiyou County DEPARTMENT OF FISH AND WILDLIFEFish and Game Code Section 1653 Consistency Determination Request for Ryan Creek Floodplain and Sediment Reduction Project, 1653-2020-059-001-R1, Mendocino County DEPARTMENT OF FISH AND WILDLIFEFish and Game Code Section 1653 Consistency Determination Request for Squaw Creek North Meadow Enhancement Project, 1653-2020-064-001-R2, Placer County DEPARTMENT OF FISH AND WILDLIFEHabitat Restoration and Enhancement Act Consistency Determination Number 1653-2020-062-001-R1, Mill Creek (Navarro River) Large Wood Augmentation Project, Mendocino County DEPARTMENT OF FISH AND WILDLIFEHabitat Restoration and Enhancement Act Consistency Determination Number 1653-2020-063-001-R1, Nork Fork Navarro River Whole Tree Instream Coho Habitat Enhancement Project Phase, Mendocino County DEPARTMENT OF FISH AND WILDLIFEProposed Research on Fully Protected Species, Telemetry Study and Population Estimates of Razorback Sucker in the Lower Colorado River – Mr. Jim Stolberg of the Bureau of Reclamation (BOR) Lower Colorado River Multi-Species Conservation Program (LCRMSCP) DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Proposed Prospective Purchaser Agreement and Opportunity for Public Comment for the Creek at Dominguez Hills, 340 Martin Luther King, Jr. Street, Carson, California DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Public Comment Period of AAD Distribution and Dry Cleaning, Inc. Site FISH AND GAME COMMISSIONPacific Leatherback Sea Turtle OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENTAnnouncement of the Carcinogen Identification Committee Meeting for Chemicals for Consultation by the Carcinogen Identification Committee SUMMARY OF REGULATORY ACTIONSRegulations filed with Secretary of State REGISTER 2020, NUMBER 36-Z, SEPTEMBER 4, 2020 Table of Contents for Notice Register 2020, Number 37-Z, September 11, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. CALIFORNIA WORKFORCE DEVELOPMENT BOARD Conflict-of-Interest Code – Notice File Number Z2020-0826-02 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Enforcement Proceedings – Notice File Number Z2020-0901-05 TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Enforcement Streamline Program – Notice File Number Z2020-0901-01 TITLE 4. CALIFORNIA HORSE RACING BOARD Penalties for Multiple Medication Violations – Notice File Number Z2020-0901-04 TITLE 10. DEPARTMENT OF BUSINESS OVERSIGHT Implementation of Disclosures for Commercial Financing Disclosures (CFL) – Notice File Number Z2020-0901-06 TITLE 11. DEPARTMENT OF JUSTICE Data Broker Registration Regulations – Notice File Number Z2020-0831-03 TITLE 11. DEPARTMENT OF JUSTICE Electronic Recording Delivery System (ERDS) – Notice File Number Z2020-0831-02 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Content of Law Libraries – Notice File Number Z2020-0826-01 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653-2020-057-001-R1, Howland Hill Road Metcalf Grove Creek Fish Passage Improvement Culvert Replacement Project, Del Norte DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Number 1653-2020-059-001-R1, Ryan Creek Floodplain and Sediment Reduction Project, Mendocino County DEPARTMENT OF FISH AND WILDLIFE Research on the San Francisco Garter Snake, Carin Apperson with the San Francisco Public Utilities Commission DEPARTMENT OF MANAGED HEALTH CARE Notice of 2nd Comment Period of 15 Days for Amendments to Department of Managed Health Care Conflict-of-Interest Code SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State REGISTER NUMBER 37-Z. SEPTEMBER 11, 2020 Table of Contents for Notice Register 2020, Number 38-Z, September 18, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict-of-Interest Code – Notice File Number Z2020-0908-07 Amendment State Agency: University of California Hastings College of the Law Multi-County: Solano County Water Agency Desert Community College District Adoption Multi-County: Propel, A Charter Management Group, Inc. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Equine Medication Monitoring Program – Forms – Notice File Number Z2020-0904-01 TITLE 4. CALIFORNIA SCHOOL FINANCE AUTHORITY Charter School Revolving Loan Fund – Notice File Number Z2020-0908-08 TITLE 15. CALIFORNIA PRISON INDUSTRY AUTHORITY Inmate Pay Rates, Schedule and Movement – Notice File Number Z2020-0831-04 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE California Endangered Species Act (CESA) Consistency Determination Request for Desert Quartzite Solar Project, 2080-2020-006-06, Riverside County DEPARTMENT OF FISH AND WILDLIFE CESA Consistency Determination Request for Laguna County Sanitation District Facilities Construction, Operation, and Maintenance Project, 2080-2020-005-05, Santa Barbara County DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Act Number 1653-2020-060-001-R1, Redwood Creek (South Fork Eel River) Large Wood Augmentation Project, Mendocino County DEPARTMENT OF FISH AND WILDLIFE Habitat Restoration and Enhancement Act Consistency Determination Act Number 1653-2020-061-001-R1, Hayshed Gulch Large Wood Augmentation Project, Mendocino County DEPARTMENT OF FISH AND WILDLIFE Proposed Research on Fully Protected Species,15 Restoration of Salt-Marsh Harvest Mouse Habitat from Paul Detjens, Contra Costa Flood Control and Water Conservation District OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT 15-Day Modification Concerning Proposition 65 Consumer Product Exposure Warnings (Previously Published in Notice Register 2020, Number 5-Z) OAL REGULATORY DETERMINATION DEPARTMENT OF STATE HOSPITALS Administrative Directive 610 Titled “Patient Property” SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State REGISTER 2020, 38-Z, SEPTEMBER 18, 2020 Table of Contents for Notice Register 2020, Number 39-Z, September 25, 2020 PROPOSED ACTION ON REGULATIONS TITLE 4. CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY California Capital Access Program – Notice File Number Z2020-0915-01 TITLE 8. DIVISION OF LABOR STANDARDS ENFORCEMENT Assessment of Civil Penalties for Retaliation – Notice File Number Z2020-0911-01 TITLE 11. COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING Training and Testing Specifications – Learning Domain 33 – Notice File Number Z2020-0914-01 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Fees for Recording Notices of Violation – Notice File Number Z2020-0915-02 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Used Vehicle Dealers: Sales Tax – Notice File Number Z2020-0915-04 TITLE 14. FISH AND GAME COMMISSION Recreational Crab Trap Fishery Marine Life Protection Measures – Notice File Number Z2020-0915-07 TITLE 15. VETERINARY MEDICAL BOARD Fee Schedule – Notice File Number Z2020-0915-06 GENERAL PUBLIC INTEREST OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Notice of Extension of the Public Comment Period for Proposed Regulation Concerning Proposition 65 Exposure Chemicals in Cooked Food (Previously Published in Notice Register 2020, Number 32-Z) SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State REGISTER NUMBER 39-Z, SEPTEMBER 25, 2020
- An attorney admitted to the New York State Bar is subject to the State's registration requirements as long as he or she remains "duly admitted to the bar.by lawhukukinet on May 18, 2019 at 5:10 pm
22 NYCRR 118.1 [a]-[c] provides that the registration requirements for attorneys applies "for as long as the attorney remains duly admitted to the New York bar" and such registration may only be terminated by the attorney's death, disbarment or formal … Continue reading → The post An attorney admitted to the New York State Bar is subject to the State's registration requirements as long as he or she remains "duly admitted to the bar. first appeared on Legal News Directory.
- CNIL Imposes Penalty to Optical Center; French Highest Administrative Court Reduces Amountby lawhukukinet on May 18, 2019 at 11:07 am
Life sciences companies doing business in France will be interested in the recent results of Optical Center’s appeal of a penalty assessed by the Commission nationale de l’informatique et des libertés, the French data protection authority, surrounding a data breach. … Continue reading → The post CNIL Imposes Penalty to Optical Center; French Highest Administrative Court Reduces Amount first appeared on Legal News Directory.
- Conciliación ante el ministerio público por delitos investigados por querellaby lawhukukinet on May 20, 2019 at 11:08 am
DELEGACION _______. DEPARTAMENTO: UNO. MINISTERIO PUBLICO: “MESA _____” TURNO: ________. AVERIGUACIÓN PREVIA: _________________ DELITO:_____________________ C. AGENTE DEL MINISTERIO PUBLICO CONCILADOR. LIC. _________________________ PRESENTE. Por medio del presente me permito remitir a Usted, la Averiguación Previa: _______________, en donde aparece como … Continue reading → The post Conciliación ante el ministerio público por delitos investigados por querella first appeared on Legal News Directory.
- Conclusiones del defensor en juicio de materia penalby lawhukukinet on May 20, 2019 at 5:08 am
PROCESO No. ____ C. JUEZ ______ EN MATERIA PENAL PRESENTE Lics. _____________________, y _________________, con el carácter de defensores particulares de los procesados Sr. ______________________, Sr. _______________________ y Sr. _____________________________, promoviendo en el expediente cuyo número se indica en la … Continue reading → The post Conclusiones del defensor en juicio de materia penal first appeared on Legal News Directory.
- Consignación de averiguación previa con detenido en causa penalby lawhukukinet on May 19, 2019 at 5:07 pm
Averiguación Previa No. ____________ Consignación No. _________________ Indiciado: _______________________ Delito: __________________________ Procedencia: _____________________ Ciudadano Juez ___________ Penal del Distrito Federal P r e s e n t e. En ___________________ fojas útiles, remito a usted la averiguación previa número _______________, … Continue reading → The post Consignación de averiguación previa con detenido en causa penal first appeared on Legal News Directory.
- Demanda incidental de devolución de vehículo a disposición de juzgado penalby lawhukukinet on May 19, 2019 at 11:08 am
EXP. PENAL No. ________ C. JUEZ DE ______ INSTANCIA EN MATERIA PENAL PRESENTE _______________________________, mexicano, mayor de edad, al corriente del pago de mis impuestos y señalando para recibir notificaciones el despacho número ___ de la finca ____ ubicado en … Continue reading → The post Demanda incidental de devolución de vehículo a disposición de juzgado penal first appeared on Legal News Directory.
- Denuncia de hechos por delito de amenazasby lawhukukinet on May 19, 2019 at 5:07 am
C. AGENTE DEL MINISTERIO PUBLICO DEL FUERO COMÚN EN TURNO PRESENTE. _____________________________________, ofendido, por mi propio derecho, señalando como domicilio para oír notificaciones ________________________, ante usted respetuosamente comparezco y expongo: Vengo a denunciar los hechos que a continuación indico, para … Continue reading → The post Denuncia de hechos por delito de amenazas first appeared on Legal News Directory.
- Denuncia de hechos por delito de extorsiónby lawhukukinet on May 18, 2019 at 11:08 pm
C. AGENTE DEL MINISTERIO PUBLICO DEL FUERO COMÚN PRESENTE ___________________, por derecho propio, señalando como domicilio para oír notificaciones _________________, ante usted respetuosamente comparezco y expongo: Vengo a denunciar los hechos que a continuación relato, para el caso de que … Continue reading → The post Denuncia de hechos por delito de extorsión first appeared on Legal News Directory.
- FERC Rescinds NAV Policyby lawhukukinet on May 18, 2019 at 8:00 am
This week, the Federal Energy Regulatory Commission (“FERC”) issued an order rescinding its Notice of Alleged Violation (“NAV”) Policy. The NAV Policy was put in place by a 2009 order and authorized FERC’s Office of Enforcement Staff (“OE staff”) to … Continue reading → The post FERC Rescinds NAV Policy first appeared on Legal News Directory.
- Remarriage terminates widow’s eligibility for disabled veterans property tax exemptionby lawhukukinet on May 19, 2019 at 11:08 pm
There are some circumstances in which a person’s eligibility for governmental benefits is affected by his or her marital status. This is certainly the case with Medicaid/MLTSS; Supplemental Security Income; and exemption from inheritance tax on receipt of an inheritance. … Continue reading → The post Remarriage terminates widow’s eligibility for disabled veterans property tax exemption first appeared on Legal News Directory.