Administrative Law covers procedures created by administrative agencies including (but not limited to) the city, county, state or federal government) involving licenses, applications for licenses, certificates, and the Department of Consumer Affairs.
Federal agency procedures are governed by the Administrative Procedure Act, and many states, as well as California have adopted similar procedural formats either by law or regulation.
It is important to consider two vital factors in dealing with administrative agencies:
1) The rules and regulations are often special for each agency and are not usually found in the statutes but in those regulations; and
2) A member of the public must “exhaust his/her administrative remedies” (take every step, including appeals) with the agency and its system before he/she can challenge the administrative ruling with a lawsuit in court.
There are exceptions (such as emergency or obvious futility) to exhausting one’s remedies, but those are rare.
Administrative law can be a technical jungle, and at the McGinity Law Offices, we know how to maneuver our way through it on behalf of our clients.