Appealing an Administrative Decision Lawyers
What is an Administrative Hearing Decision?
Federal and state administrative agencies, boards, and commissions make decisions to give or deny benefits, issue licenses, and impose obligations. People who disagree with those decisions may request an administrative hearing. At the hearing, an administrative law judge will review your file and make a decision.
Can I Appeal an Administrative Decision?
If you are unsatisfied with the administrative law judge's decision and feel that you still have been wronged, you make appeal the decision to a court, unless a statute forbids it. Your case will be heard at an appropriate state or federal court.
How Do I Appeal an Administrative Decision?
Before you can appeal, you must first exhaust all of the available administrative remedies. This means if there is any other way the agency can solve your problem, you must try that first. There is an exception if the exhaustion requirement is waived by the agency, excused by the court, or if your case involves a Constitutional issue. Otherwise, once a final judgment is rendered against you, you may appeal. When you are ready, file a petition for review in the appropriate court.
What Happens on Appeal?
The court will usually presume that the government agency's decision was correct. The burden of proof is on you to show that the agency's decision is invalid because it is unreasonable, unlawful, arbitrary, unsupported, or wrong. The court will use evidence from the administrative record to determine if the administrative agency was acting within its authority, complying with statutes, and not acting arbitrarily. New evidence and witnesses are usually not allowed.
What Kind of Relief Can I Get?
If you can show that the agency acted in violation or unlawfully, the reviewing court may reverse, modify, vacate, or remand the agency's action. The court can also issue a mandate requiring the agency to issue a certificate, comply with a statute or regulation, or conduct proceedings.
If I Lose, Can I Appeal Again?
Further judicial review is discretionary. An appeals court may choose not to hear an appeal when a lower court has already reviewed an administrative agency's decision.
Should I Contact a Lawyer About my Administrative Decision?
A lawyer experienced in administrative law can help and advise you in administrative hearings. Additionally, a lawyer will help you with the complicated court system if you choose to appeal an administrative decision.
Consult a Lawyer - Present Your Case Now!
Last Modified: 05-28-2009 03:29 PM PDT
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