Administrative Litigation

Administrative Litigation

Joseph, Greenwald & Laake's attorneys routinely appear in a wide variety of administrative forums to protect the rights of the Firm's clients. The administrative areas in which the Firm's attorneys practice are too numerous to list. Whether seeking or defending a professional license, challenging an action taken by the government or an insurer, or protecting your employment rights, the Firm can assist you.

If you have a case before a quasi-judicial tribunal such as the Office of Administrative Hearings, or any of the Maryland professional boards, our attorneys have the experience and skill to help.

 

Administrative Litigation​

Administrative litigation is an area of law that litigates before an agency or challenges an agency’s decision. Some of the most common types of agencies involved in administrative litigation are the professional boards, such as medical, dental, and nursing boards, the Motor Vehicle Administration, the office of the Insurance Commissioner  and other various other State agencies. These proceedings typically involve an administrative law judge and a hearing that is similar to a trial, although no jury is present. Once the hearing is over, a recommendation is sent to the agency so that the body can take further action.  If aggrieved of an agency decision, an appeal may be made before a Circuit Court.

Administrative litigation hearings are not the same as civil proceedings. Civil law cases typically involve two private parties. Civil cases involve application of legal statutes and not necessarily the rules issued by an agency.

Federal Agencies

Challenging actions taken by a federal agency is large segment of administrative law. Our attorneys have experience with matters involving:

●       Centers for Medicare and Medicaid Services

●       Department of Commerce

●       Department of Education

●       Federal Trade Commission

●       Food and Drug Administration

●       Patent and Trademark Office

●       Securities and Exchange Commission

●       Department of Veterans Affairs

These are just a few of the government agencies that we have successfully challenged in the past, and we can represent you when you need to defend yourself against them or challenge a decision made against you.

Professional License Decisions

Another area of administrative litigation is representation before a professional license board, or appealing an adverse decision of such Board. A professional can be accused of violating the professional standards of practice, an ethics violation, or is facing allegations of incompetence, fraud or misrepresentation. When this is the case, it is crucial that professionals have an administrative litigation attorney that can successfully represent them. A skilled attorney will:

●       Investigate and attempt to obtain an early dismissal or resolution of the case;

●       Fight prosecutors when charges are issued;

●       Represent professionals during a hearing, case resolution conference, or a summary suspension hearing;

●       Challenge adverse board decisions in an appeal

There are certain procedures and time limits for all of these procedures. An attorney will understand what those regulations are, and can give professionals their best chance of obtaining or retaining their license.

Is Litigation Always Necessary?

Administrative law does sometimes require a hearing before an administrative law judge. However, that is not always the case. In some cases, the best approach involves further hearings before the government or relevant agency that may reverse their own decision after hearing additional evidence or realizing an error was made when making the initial decision.

Unfortunately, sometimes administrative litigation is necessary. Although this type of litigation is a court proceeding and heard before a judge, these hearings usually offer faster results and at a lower cost to the person or company bringing the issue to a hearing.

Our Maryland Administrative Litigation Attorneys Can Help With Your Case

If you have an administrative law issue, whether it is challenging a regulatory body or a professional board, call our Greenbelt administrative litigation attorneys at Joseph, Greenwald & Laake, PA today. We can represent you in these difficult matters and give you the best chance of a positive outcome with your case. Call us today at (301) 220-2200 or contact us online to request a consultation with one of our qualified attorneys.

 

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