Administrative Law
What is administrative law?
Administrative Law refers to the laws dealing with
governmental agencies. Agencies include the California
Department of Insurance, the California Department of
Real Estate, the Securities and Exchange Commission, the
Environmental Protection Agency, the California State
Bar, the California Medical Board, etc. Agencies are
essentially "departments" within both state and federal
government assigned to regulate a particular area. To
better understand what administrative law is, let us
take the Department of Real Estate (or "DRE") as an
example. The DRE is in charge of testing, licensing and
overseeing real estate brokers and real estate
salespeople. An administrative law attorney may work
with real estate brokers and salespeople in complying
with laws enforced by the DRE. Occasionally, the DRE
files charges called "accusations" against the brokers
and salespersons whom it licenses. An accusation will
result in a mini-trial called a hearing where an
administrative law judge will preside over the case and
determine if there has been a violation of the law. If
it is found that the licensee did violate the laws that
pertain to their profession, the administrative law
judge (aka "ALJ") can issue various types of punishment
on the licensee. These can include a public censure,
monetary fines, suspensions, suspensions not enforced so
long as a fine is paid, and even forfeiture of a
license.
Lawyers who practice administrative law represent their
clients in proceedings filed by such agencies, assist
their clients in complying with the laws and regulations
of such agencies, as well as many other things. For
example, an attorney practicing before the DRE might
represent brokers and salespersons at hearings wherein
the agency is attempting to revoke their license.
Attorneys may also get involved earlier, and work with
real estate brokers in setting up their businesses in a
way that conforms to the Real Estate Law, or attempt to
settle claims by the licensing agency, so such claims
never go to hearing. An attorney might also draft
contracts, provide advice, conduct business audits,
provide educational seminars, assist in disputes with
the real estate professional and their clients, and many
other varied tasks.
How can Jarvis Law Offices help?
For professionals with licenses, disciplinary actions
filed by agencies such as the Medical Board, Department
of Real Estate or State Bar are serious matters. Such
filings can result in a professional person losing the
ability to work in their profession. If you have been
notified that the agency that licensed you is filing
charges against you, it is very important to obtain an
attorney. Not only does having an attorney improve your
chances at keeping your license, an attorney can help
you trying to resolve the matter with the agency before
the hearing, if it is in your best interests. Without an
attorney, persons sometimes are not even aware that
settlement is an option.
An agency accusation or other formal disciplinary
proceeding is truly an adversarial proceeding. Lawyers
for that agency will be conducting an investigation and
building a case against you. It is very beneficial to
have someone advising you of your rights, and helping
you evaluate the case the agency has against you. You
also need to be very careful about what information you
provide to the agency. You need to know what you are
required to provide, and under what conditions are you
required to provide requested information. You also need
to know what are the possible ramifications of a hearing
result that is not in your favor. Going into a hearing,
your attorney would advise you what the range of
possible penalties are likely, and what would a good
settlement of the case consist of.
