What is Administrative Law?
“Administrative Law” refers to the regulations that apply to federal and state agency enforcement actions. These enforcement actions are non-judicial proceedings. Violation of agency rules can lead to significant penalties, fines, and/or the suspension or revocation of state or federal licenses and permits.
State and federal agencies carry out their business based on the authority granted to them by their specific enabling legislation. As a practical matter, the agency makes the rules, investigates the alleged violations, picks the judge, prosecutes the violations and reviews the judge’s decision. Because of this, the outcome often seems predetermined. Federal enforcement actions are subject to the Federal Administrative Procedures Act. The State of Mississippi has its own Administrative Procedures Act which provides for uniform rules for Mississippi’s various state agencies. The Mississippi Secretary of State’s Office is the official registrar for the rules of all state agencies. Currently there are more than 120 state agencies that file procedures and rules with the Secretary of State’s Office.
The Regulatory Maze
Today, businesses operate in an environment where the creation of new regulations has gone exponential. Every year thousands of new rules are issued by more than 60 different federal departments, agencies and commissions. When we last checked, the Federal Register (the official directory of regulations) had approximately
80,000 175,000 pages. Many of these new regulations provide for the imposition of significant fines and penalties while providing little in the way of due process.
if you become entangled in an administrative enforcement matter, you need law firm with the experience to protect your interests. We have successfully represented clients in enforcement actions initiated by the:
- Department of Agriculture
- Civil Service Commission
- Mississippi Secretary of State’s Office
- Mississippi Department of Revenue
- Mississippi Bar Association
- State Board of Medical Examiners
- State Board of Nursing
- Office of the State Auditor
- Department of Housing and Urban Development
- Equal Employment Opportunity Commission
To discuss how our attorneys can help you with your specific regulatory matter, contact us online or call our office at 601-957-3101.