Administrative Law

What is Administrative Law?

Administrative law is the the process by which agencies within the state who issue licenses or permits make decisions on alleged violations of their rules.  The way in which these decisions are made is governed by the Administrative Procedures Act.

Many agencies who are governed by administrative law, and at wh Law, we help you get through the difficult process of dealing with an administrative law matter.

Some of the main agencies we deal with are:

Arkansas State Board of Nursing

Arkansas State Medical Board

Arkansas State Board of Pharmacy

The Administrative Procedures Act assures that every party is afforded an opportunity to have a hearing after reasonable notice of an alleged violation. The notice must include the time, place, and nature of the hearing. The notice must also include a statement of the legal authority and the jurisdiction where the hearing will be held, as well as a short statement of the matters of fact and law asserted.

In any administrative hearing, you have the ability to have an attorney, and you should.  Administrative law can be tricky, so you need someone to help who is familiar with the system.

Administrative hearings are ruled on by an administrative law judge (ALJ).  An ALJ is someone who is paid by the agency to listen to the case and make a determination of any violations that may have occurred.  The ALJ will also impose a penalty for any violations they sustain.

In some ways the administrative procedures act functions like a normal court case.  You have the ability to propound discovery, depose witnesses and appeal decisions made by the ALJ.

If you go through the process of an administrative hearing and do not get the relief you wanted, you have the ability to appeal to Circuit Court.  This means you actual get to have your case pushed in to the traditional court system where a Judge will make a determination on your case.

What do I do if i receive notice of an alleged administrative violation?

Administrative law has distinct differences from a normal case. Call a lawyer who can help you with this process.  We offer free consultations and can help you determine the next steps in the administrative process.

 

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