De Lay & Laredo attorneys provide legal council in all aspects of administrative law to public agencies and municipalities including regulatory and administrative hearings.
- A regulatory hearing presents a new law or amendment to an existing law. The agency must allow all affected individuals and entities to challenge or defend the change.
- Administrative hearings hear cases of regulatory violation. These hearings rule on violations of the agency’s regulations, not any other claims.
The Administrative Procedure Act (APA) establishes rulemaking procedures and standards for state agencies in California. The requirements set forth in the APA are designed to provide the public with a meaningful opportunity to participate in the adoption of state regulations and to ensure that regulations are clear, necessary, and legally valid. The APA is found in the California Government Code, section 11340 et seq. State regulations must also be adopted in compliance with regulations adopted by OAL (see California Code of Regulations, Title 1, sections 1-280).
California administrative law consists of rules, regulations, and standards created by executive and administrative agencies. The ability of an agency to propose rules and regulations is delegated by the state legislature or established by the state constitution. There is considerable similarity in the procedure of both state and federal regulatory rulemaking as they are both governed by a model act called the Administrative Procedure Act. In California, this model act is codified in the California Government Code beginning with section 11340.
For further information please contact dave@laredolaw.net or fran@laredolaw.net or michael@laredolaw.net.
