Overview of Administrative Law

Administrative law deals with how government agencies create and enforce regulations and agency rules. The Administrative Procedure Act (APA) provides the outline for rulemaking, enforcement, and adjudication of rules and statutes.

Due process gives individuals the right to make comments about proposed rules and the right to appeal rulemaking decisions. Judicial review allows courts to review administrative decisions to make sure they are reasonable and within the scope of government authority. To understand how you can challenge agency decisions, contact an administrative law attorney.

What Is Administrative Law?

Local, state, and federal government agencies implement and enforce laws enacted by the legislature and regulate many aspects of everyday life. Administrative law is about the laws and processes governing how these agencies function.

Whenever there is an interaction between people or businesses and the government, administrative law has a role. Administrative law generally does not get a lot of attention from the public, but it is an important part of many other legal issues, including:

• Agricultural law
• Constitutional law
• Communications law
• Criminal law
• Environmental law
• Public interest law
• Securities law

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The Role and Power of Government Agencies

The U.S. Constitution gives Congress the power to make laws and create federal agencies, including the powers, duties, and functions of these agencies.

Most government agencies operate under the executive branch. The president has the power to appoint agency officials who direct the day-to-day operations of executive agencies, subject to congressional oversight.

There are also independent agencies that operate outside the executive branch but still fall under the executive power, such as:

• Securities and Exchange Commission (SEC)
• Federal Trade Commission (FTC)
• Federal Communications Commission (FCC)
• Environmental Protection Agency (EPA)

State legislatures have powers similar to that of Congress to establish state agencies and regulate local government action.

With agencies at the federal, local, and state levels, administrative rules impact many parts of daily life. Administrative law helps to balance the power of government authority and individual rights. When there is a conflict between individual rights and government regulations, the judiciary helps ensure the government is acting appropriately and within its authority.

Understanding the Rulemaking Process

Rulemaking is one of the most important parts of administrative law. Federal, state, and local agencies make rules and regulations to implement and enforce statutes passed by Congress or the state legislature. These agencies also update, modify, and repeal existing regulations.

There are specific rulemaking procedures for proposed rules and enacting new regulations. The Administrative Procedure Act (APA) is the federal administrative law that regulates rulemaking and the adjudication of administrative decisions.

Before proposing rules, the agency must have the authority to make the proposed federal rule. The agency proposes a new federal regulation as a Notice of Proposed Rulemaking (NPRM) and publishes the rule in the Federal Register.

The public — including individuals, companies, and interest groups — can then respond to the proposed rules during the public comment period. After the comment period, the agency reviews the comments and decides whether to change the rule, issue a new rule, or withdraw the proposed rule. Finally, the agency will publish the final rule.

States have their own administrative procedural rules and adjudication statutes. The Model State Administrative Procedure Act provides a model for states to use, based on the APA. However, states can establish their own administrative rulemaking and adjudication process.

How Agencies Adjudicate Disputes

Agencies use Administrative Law Judges (ALJs) to adjudicate disputes and legal claims involving agency interpretations and actions. If a private party believes the agency does not apply decision-making fairly, they can request a hearing before an ALJ.

Federal courts give some level of deference to administrative agency actions. Federal courts had been extremely deferential, using the “Chevron deference rule,” from the 1984 U.S. Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council.

Under Chevron deference, courts deferred to agency interpretations of ambiguous statutes unless they were “unreasonable.” However, in 2024, the U.S. Supreme Court overturned Chevron in the landmark case Loper Bright Enterprises v. Raimondo. The Court ruled that courts can independently review administrative decisions and fix the boundaries of delegated authority. This increased judicial control over administrative decisions.

Challenging Agency Actions

Administrative law gives you a course of action if an agency overstep its authority. If an agency makes an adverse decision that you disagree with, you can file a legal complaint with the administrative agency for a hearing before an administrative law judge.

For many legal claims against an agency, you first need to exhaust all administrative remedies. Government agencies generally have a grievance and review process, including filing an appeal or requesting further review. After the agency makes a final decision, you can try to further appeal your case through federal court.

There are many types of legal remedies you can request in an ALJ hearing. Legal remedies include injunctions, compelling agencies to act, or overturning agency decisions. However, there are strict time limits for appealing administrative decisions.

Attorneys specializing in administrative law understand the complex interaction between courts and government agencies. They understand the procedural rules and processes for challenging agency decisions. Contact an administrative law attorney for legal advice and help with your government agency claim.