Administrative Law Appeals: What Are Your Options?

Administrative law is a complex and highly specialised area of law that deals with the functions of government agencies and the decisions they make. It is possible to appeal an administrative decision if an individual is unsatisfied with the outcome or reasoning provided by an administrative law judge. This process typically involves first exhausting all administrative remedies within the agency, such as filing an appeal with the agency's appellate division, before seeking review from a state or federal court. The administrative court will then either grant or deny the request for an appeal, and if granted, the petitioner will undergo another administrative hearing. If the petitioner is still unsatisfied with the outcome, they may then seek a decision from a traditional courtroom, provided they have met the requirements set out by the specific agency.

Appealing an administrative decision

Administrative laws can be appealed. If an individual is not satisfied with the results of an administrative hearing or the reasoning provided by an administrative law judge’s decision, they can appeal the initial administrative decision.

However, there is an exception to this: if there is a statute that expressly forbids a particular legal issue from being appealed, an appeal cannot be made. An administrative court may also deny a petitioner’s request for an appeal if an administrative agency’s ruling is clear or it is deemed a question that is best left to a specific agency.

Before an appeal can be made, the rules and requirements set out by the agency in question must be followed. These rules vary depending on the agency, but generally, the person appealing must first be heard by a state agency and receive a decision from an administrative law judge. The administrative court will then either grant or deny the request for an administrative appeal. If the request is granted, the petitioner will be required to attend another administrative hearing.

If the petitioner is still unsatisfied with the outcome of their appeal at the agency level, they can then appeal the decision to the superior court in their state or the federal district court for their area. Most state and federal courts will require that all appellate remedies made available by the agency are exhausted before seeking a review of the agency’s decision. This is known as the exhaustion of remedies.

To successfully pursue an appeal of an agency decision, a complete and accurate record must be maintained. Failure to provide a reviewing state or federal court with a complete record may result in the appeal being rejected. State and federal courts apply different standards of review to agency decisions. A de novo review, for example, is the most meticulous form of review, in which the reviewing court examines the facts and legal issues as if it were hearing the matter for the first time. In general, most agency decisions do not receive de novo reviews but instead receive special deference. In this case, the reviewing court evaluates whether the agency’s decision was supported by substantial evidence and whether it was arbitrary, capricious, or an abuse of discretion.

Appealing to the superior court

Administrative law decisions can be appealed. If a petitioner is unsatisfied with the decision issued by an administrative law judge, they may file an appeal. The administrative court will then either grant or deny the request. If the request is granted, the petitioner will be required to attend another administrative hearing. If the petitioner is still unsatisfied, they may file and seek a decision from a traditional state or federal court. This is known as the exhaustion of remedies.

Before an individual can appeal, they must have received an initial decision on the issue in question and completed the rules and requirements set out by the agency. These rules and requirements will vary depending on each individual agency. However, it generally necessitates that the person first be heard by a state agency and receive a decision.

To appeal to the superior court, an individual must file a complaint for judicial review of the administrative decision and a civil action cover sheet in the superior court clerk's office, as well as pay a filing fee. This must be done within 30 days of receiving notice of the agency's final decision. The clerk must receive the appeal by the deadline, otherwise the appeal will be dismissed. The complaint should identify the decision being appealed and the grounds for the appeal. The individual can either deliver the documents and fee in person or send them by certified or registered mail.

Once an individual has exhausted all of their agency-level appellate remedies, a state or federal court can consider their appeal. The reviewing court may not accept new evidence, except in certain circumstances where the evidence could not have reasonably been presented at the time of the administrative hearing.

Appealing to the Board

An individual can appeal an initial administrative decision if they are unsatisfied with the results of an administrative hearing or the reasoning provided by an administrative law judge's decision. However, there is an exception if there is a statute that expressly forbids a particular legal issue from being appealed. Before appealing an agency decision in a traditional courtroom, individuals must complete the rules and requirements set out by the specific agency.

When appealing to the Board, it is important to note that the appeal must be filed with the Board. In the case of the U.S. Merit Systems Protection Board, pleadings may be filed online at the Board's e-Appeal website, or by regular mail, fax, or commercial or personal delivery. For the U.S. Department of the Interior, probate appeals must be filed within 30 days from the date the final order was sent, and administrative appeals must be filed within 30 days of receiving the decision. The Board will also inform you that the appeal will be dismissed if you fail to serve interested parties.

To be an "interested party", you must have a legally protected interest that has been adversely affected or "injured" by the decision you are appealing. For example, in administrative appeals, you may need to serve Indian landowners, an Indian tribe, or other persons with rights to use Indian lands.

If you file a suit in federal court from a decision that is appealable to the Board without first going through the Board, the Justice Department will file a motion to dismiss the appeal for failure to exhaust administrative remedies. Therefore, it is important to follow the specific procedures for appealing a decision, which usually involves handling the appeal within the agency.

Appealing an agency decision

An administrative appeal is a type of legal proceeding in which an individual can ask a federal or state administrative agency to reconsider a decision that was issued during their initial administrative hearing. This can happen when a person is not satisfied with the results of an administrative hearing or the reasoning provided by an administrative law judge’s decision.

Steps to Appealing an Agency Decision

• Complete the rules and requirements set out by the agency: Before a person can appeal an agency decision in a traditional courtroom, they must first complete the rules and requirements set out by a particular agency. These rules and requirements vary depending on the individual agency.
• File an appeal: If a petitioner is unsatisfied with the decision issued by an administrative law judge, they may file an appeal in accordance with the instructions that should have been provided along with the administrative law judge’s ruling. The time frame to file an appeal is usually somewhere between one and fifteen days. However, this period may vary in accordance with the laws of a particular jurisdiction. If the petitioner successfully files an appeal before the deadline, the panel of administrative law judges or an administrative court may issue a temporary stay on the initial administrative decision.
• Attend the administrative hearing: If the administrative court grants the request for an administrative appeal, the petitioner will be required to attend another administrative hearing.
• Seek a decision from a traditional state or federal court (if necessary): If the administrative appeals process does not resolve the petitioner’s issue, they may file and seek a decision from a traditional state or federal court. This can only be done after the petitioner has exhausted all administrative remedies and has undergone the administrative appeals process.

It is important to note that there is an exception to a person's ability to appeal an administrative decision if there is a statute that expressly forbids a particular legal issue from being appealed. Additionally, an administrative court may deny a petitioner’s request for an appeal if an administrative agency’s ruling is clear or it is a matter best left to a specific agency.

Appealing an administrative hearing

Administrative law is a body of law that governs the actions of administrative agencies of the government. Administrative law judges (ALJs) are lawyers appointed by the Chief Administrative Law Judge and are not employees of the agency whose decision is under review.

If a petitioner is unsatisfied with the decision issued by an administrative law judge, they may file an appeal. The administrative court will then either grant or deny the request for an administrative appeal. If granted, the petitioner will be required to attend another administrative hearing. If the administrative appeal does not resolve the petitioner's issue, they may file and seek a decision from a traditional state or federal court.

Before an individual can appeal, they must have received an initial decision on the issue in question and completed the rules and requirements set out by a particular agency. The specific period of time for filing an appeal is usually within 60 days of receiving the decision. If the petitioner misses the deadline, they must explain why their request is late and ask the adjudicator to extend the deadline. The panel may extend the deadline if the petitioner can prove they have a good reason for filing their appeal after the deadline.

If the petitioner successfully files an appeal before the deadline lapses, the panel of administrative law judges or an administrative court may issue a temporary stay on the initial administrative decision. The petitioner will receive a Notice of Hearing that informs them of the date and time of their next administrative proceeding.

The petitioner must request and pay the initial cost for a transcript of the agency proceeding. If the petitioner fails to pay for or provide a transcript to the reviewing court, the appeal may be dismissed. The reviewing court may not accept new evidence. However, the petitioner may provide supplemental evidence if they can establish that the evidence could not have been reasonably presented at the time of the administrative hearing.

If the appeal is successful, there are several forms of relief that a petitioner may be able to recover. For instance, the administrative law judge may modify, vacate, reverse, or demand the agency to issue a new decision. The administrative law judge may also decide to issue an order that requires the agency to comply with a statute or regulation or hold further court proceedings on the administrative law issue at hand.

Frequently asked questions