Many individuals in the Martinsburg, WV, Charles Town, WV and Berkeley Springs, WV areas work for state or government agencies. Many others have businesses which rely on obtaining and maintaining relevant permits and licenses from state or federal agencies. If you feel that a government agency has treated you or your business unfairly, you have the right to hire an attorney experienced in administrative hearings to contest the adverse decision. This can be a good option when you’ve been wrongfully terminated, demoted, or retaliated against by your state or federal employer. It can also be helpful when your business has been wrongfully deprived of needed permits or licenses. A lawyer can help you recoup money that should have been yours to begin with or challenge denials and other government decisions to make them more favorable for you.
The Origins of Administrative Law
All administrative law begins as a function of a legislative body. Congress considers and passes legislation at the federal level while state representatives handle these duties at the state level. County commission boards and local town councils create laws at the local level here in Martinsburg, WV. After the appropriate government agency has created the law, they create procedures and begin implementing it.
Legislative bodies then delegate the administration and enforcement of these laws to the executive branch, who, through its various administrative agencies, implement and enforce the laws. This often means that an agency will establish rules and regulations relating to its area of administration and then sanction individuals or businesses who they feel may have violated these regulations or laws. When this happens, the individual or business affected typically has an opportunity to contest the adverse decision at a hearing. A good example of this is the West Virginia Department Transportation, who administers state law with respect to West Virginia drivers and West Virginia roads through its subsidiary Division of Motor Vehicles, who then holds hearings for drivers accused of Driving Under the Influence wherein those found guilty have their licenses suspended or revoked.
At the federal level, Administrative agencies function according to legislation passed in 1946 called the Administrative Procedures Act. This federal law puts strict procedures in place for how government agencies must operate. Its function is to keep agencies accountable and transparent to ensure the public understands how it operates. At the state level, a similar law, also called the West Virginia Administrative Procedures Act, governs state agencies in the same way. There are also other statutes which govern specific agencies or government activities more specifically, such as the Civil Service Reform Act of 1978, which establishes the federal merit system and governs treatment of federal employees, or the West Virginia Grievance Procedure Act, which establishes the West Virginia Grievance Board and controls the administration of hearings regarding West Virginia state employees.
Situations That May Require the Assistance of an Administrative Law Attorney
Two of the most common situations that pertain to business owners and administrative law include appealing the denial of a business license and fighting the impact of a new regulation that has impacted a business in a negative way. Meanwhile, Individuals in the Martinsburg, Charles Town, or Berkeley Springs WV area may require the assistance of an administrative law attorney when wrongfully suspended or terminated from state or federal employment or denied a rightful promotion.
Some of the most common administrative agencies that our office deals with on behalf of clients include:
- West Virginia Grievance Board
- West Virginia Consolidated Public Retirement Board
- West Virginia Department of Motor Vehicle
- West Virginia Human Rights Commission
- West Virginia Alcohol Beverage Control Administration
- United States Merit Systems Protection Board
- United States Equal Employment Opportunity Commission
These represent just a handful of the many agencies and boards at which our office can effectively advance your interests.
Schedule a Free Consultation with an Administrative Attorney Today
The Riddell Law Group invites you to contact our Martinsburg, WV office to request a complimentary review of your case. We represent multiple interests, so please don’t hesitate to get in touch even if you don’t see your specific issue listed above.