Administrative law refers to those laws and principles that govern government agencies. Whether the Bureau of Motor Vehicles is seeking to suspend your driver’s license or the Department of Health and Human Services is denying MaineCare coverage for nursing care expenses, administrative law can affect your life in many different ways. Occasionally, administrative law can directly impact your livelihood if your profession is regulated by a governmental agency. Attorneys at Lipman & Katz have represented people before a variety of government agencies. We have the experience to defend you in disciplinary proceedings and to advocate for you before government agencies and boards. We are conveniently located in Augusta in close proximity to many of the state’s administrative offices.
If you believe that a government agency’s rules or regulations were applied to you unfairly, then you should contact an attorney at Lipman & Katz. We can help.
If a government agency makes an unfavorable decision against you then you should consult with an attorney at Lipman & Katz about whether to file an appeal. It is critical that you contact an attorney quickly as deadlines for filing an appeal can rapidly expire.
Administrative hearings of this nature are often referred to as adjudicatory hearings. These proceedings tend to be less formal than traditional court proceedings and different rules apply. The Maine Administrative Procedure Act, which is found in Title 5, Part 18, Chapter 375 of the Maine Revised Statutes Annotated, lays out the rights and procedures which govern adjudicatory hearings. For example, instead of a judge, a hearing officer presides over the proceeding. The hearing officer may be any government agency member, employee or agent who has been authorized by that government agency to act as a presiding officer. The hearing officer has the power to administer oaths, rule on the admissibility of evidence, and regulate the course of the hearing including the date and location it occurs, and the time for filing briefs or other written submissions. Another manner in which adjudicatory hearings differ from traditional court proceedings is the types of evidence which may be admitted. In traditional court, there are strict rules regarding the admissibility of evidence. In adjudicatory hearings, a hearing officer shall admit evidence “if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.” 5 M.R.S.A. §9057(2).
We can help you navigate the bureaucracy and effectively present the evidence to make your case. Give us a call.