ADMINISTRATIVE LAW - is the body
of law governing administrative agencies- -that is,
those agencies created by Congress or state legislatures,
such as the Social Security Administration, state
Unemployment Insurance Boards, state Welfare Commissions
and the Occupational Safety and Health Administration.
The authority these agencies possess is delegated
to them by the bodies which created them; the Social
Security Administration's power comes from Congress.
Administrative agencies administer law through the
creation and enforcement of regulations; most of these
regulations pertain to providing some type of benefit
to applicants. Frequently, an applicant objects to
an agency's decision to deny, limit or terminate the
benefits provided and seeks to have the decision reviewed.
This review is called an administrative hearing and
is held before an administrative law judge (A.L.J.).
Administrative hearings are informal, yet very important.
Usually, the A.L.J. meets with representatives from
the agency and the applicant seeking benefits. The
applicant may choose to be or not be represented by
an attorney and in fact, many administrative agencies
permit paralegals, law students or law clerks to appear
on behalf of applicants. Each side presents its evidence
and elicits testimony from its witnesses. The hearing
is often tape recorded, as opposed to taken down by
a court reporter. The A.L.J. renders a decision called
an administrative order, which may be reviewed by
either a higher level within the agency or by a court.
