Administrative law involves the determination of people’s rights, obligations, and penalties by a governmental body other than a court of law. Today, almost every aspect of American life is touched to some extent by administrative law. While the Legislative Branch makes the laws that govern our society, the Legislative Branch has delegated some of its power to a vast assortment of administrative agencies to carry out the laws. In carrying out the laws, the administrative agencies are often empowered to make their own rules and regulations, which also carry the power of law. Both the federal government and the Kentucky government use administrative agencies. For only a few examples, administrative law governs the following:
* Alcoholic Beverage Control (ABC) and Licensing
* Dependency, Neglect, and Abuse of Children
* Education Law and Non-Academic Discipline
* Professional Licensing and Discipline
* Workers’ Compensation for On-the-Job Injuries
* Zoning of Real Estate and Building Permits
When a person is accused of something or when a person goes before a court to enforce their rights, we expect that Americans have certain rights and protections and that we will be treated fairly. However, administrative bodies are not courts of law and administrative agencies play by their own rules, which oftentimes do not include the same protections and rights we expect to receive from courts of law. While the administrative process may not have the outward formality of a courtroom trial, do not let the informal nature of administrative proceedings fool you, the rules governing these agencies are often quite complex and the administrative agencies have the power to make final decisions that could have significant consequences for you and your business.
Generally, when a person goes before an administrative agency, the person has the due process rights to reasonable notice of the proposed administrative action and a meaningful opportunity to be heard. How much process is due to a person depends on the kind of case and what the rules of the administrative provide. The administrative agencies also have to follow their own rules and cannot act arbitrarily. Therefore, it is essential to obtain representation to guide you through the specific administrative process you are facing. If the rules of the agency are not followed precisely, then the agency has the right to rule against you and you may even be foreclosed from seeking relief through an appeal to the court-system.
If you find yourself called before a government agency or need to obtain a permit or license from a government agency, it is vital to obtain representation as soon as possible to guide you through the process. Again, do not let the informal seeming nature of the proceedings fool you into thinking you can handle everything yourself. It is better to have representation to help you follow the rules of the agency the first time around than to try to undo an unfavorable result at a later time. The attorneys at Ron Aslam Law Office have the knowledge and experience to help you negotiate the complex rules and processes of the administrative process here in Kentucky. Our attorneys work hard to fight for your rights and to help you obtain the best results possible. If you need help, call our Kentucky Administrative Law Attorneys at the Ron Aslam Law Office for a consultation today.