Public Policy Straight Talk
Managing risks and liabilities in the public sector requires more than just legal knowledge. Political interests, regulatory requirements, public sensitivities and fiscal restraints must all be understood and balanced in order to develop informed risk strategies.
Administrative Compliance and Controversies
Our attorneys represent clients before federal, state, and local agencies and in administrative forums. We have successfully represented clients before the EEOC, United States Department of Homeland Security, Immigration and Naturalization Services, Social Security Administration, Florida Business and Professional Regulations, Florida Real Estate Commission, Florida Board of Education, as well as numerous other federal and state boards and commissions. In addition, our practice in this area offers a unique combination of attorneys with expertise in all areas of administrative and regulatory proceedings, and white collar criminal defense. We are able to meet the challenge of escalating criminal, civil, and administrative penalties for white collar and corporate crime. We are also prepared to meet the challenge of compliance with regulatory mandates to ensure compliance with licensing issues, including new licenses, renewals, and challenges to licensure.
Administrative Process and Review
Every state and the Federal Government have an administrative process to resolve disputes. The administrative process is governed by the Administrative Procedures Act and start off by requesting a determination or decision from an agency. The determination or decision can take several forms, depending on your relationship with the relevant agency.
The most basic relationship with a governmental agency is an employee relationship. If you work for a local, state or federal agency, depending on your position, tenure, and other factors you may have certain rights, obligations and responsibilities. If you believe that your supervisor or superiors violated any of your rights, you can request a hearing. This hearing is similar to an informal trial where you get the present evidence and argument about why the action taken against you is incorrect and why the decision made by your supervisor or superiors should be overturned. If you are unhappy with the results of the hearing, you may have a right to appeal that decision either to an administrative law judge or other appellate division of the agency. When you have exhausted your administrative remedies, you may be entitled to file a law suit in the courts or appeal directly to the court appellate system.
Another way for you to be involved in the administrative process is if you are subject to the regulation of an agency. For example, you may live in the city of Orlando and, as such, you would be subject to the rules and regulations which govern the maintenance of real property in Orlando. If you paint your home an unapproved color or have excessive trash on your lawn, the city may issue you a citation. If you choose not to pay the citation, you may request a hearing to determine whether or not you violated an rule, regulation or ordinance. If you are not satisfied with the results you request an appeal.
The administrative process at the state level is similar to the administrative process at the federal level. You are entitled to have an attorney represent you at all levels of the administrative process and court, if you wish, or you may proceed without a lawyer. At CPLS, P.A. we encourage you to hire an attorney from the initial stages of the process to ensure that your rights and protected from the beginning. Our attorneys are familiar with the process and can help you minimize your risk and help you maximize your potential for a favorable outcome in the process.