If you need an attorney that provides high quality appellate services, Mack Law is the intelligent choice. Call us today.
An administrative appeal means that an agency of the government has taken some action that affects you. In our practice, most of the administrative appeals involve driver license issues and decisions by the Department of Highway Safety and Motor Vehicles that occur after formal review hearings. A formal review hearing can be requested by a driver who has been arrested for DUI. The hearing must be requested within 10 days of your arrest or your release from incarceration. If the results of the hearing are adverse to the driver or the State, each has the ability to seek court review of the agency decision. Although technically this is not an “appeal” from a procedural standpoint, the Department will inform you that you have the “right to appeal”. In truth, the proceeding is a Petition for a Writ of Certiorari which is a big word that means that you have the right to have a court review the agency action. As is typical of many appeals, if the dispute involves an issue of fact, be prepared to lose unless there is no evidence to support a “factual finding” of the agency or it has admitted incompetent or inadmissible evidence to support its ruling. However, if you have a valid legal issue and the agency has departed from the “essential requirements of law”, you may be successful. These are timely matters that also require the Petitioner (the one filing the “appeal”) to prepare the record for the reviewing court. Therefore, time is critical. If you believe you have been wronged, seek legal advice immediately.
There are many actions by agencies that can affect you. For example, a claim for unemployment compensation that is denied is an agency decision for which an administrative appeal is available. Another common experience with agency action affects our elderly population where the Medical Review Board curtails the ability of “senior citizens” to drive. Many times, the Medical Review Board acts on information provided to it by the driver’s own physician. Once again, time is a very important factor.