due process in administrative law?

me | may 22 2017 | me

[Rockingham]

Sound answers to your questions requires knowledge of the facts of your case, the specific laws at issue, and the details of the prescribed hearing process and state administrative law. Broadly stated, American administrative law distinguishes between direct and collateral challenges, that is, between disputing the government via the administrative hearing process and direct appeals from it, and collateral attacks via a separate lawsuit.

These complications mean that issues and claims have to be raised in the right way, in the proper forum, and at the right time. Failing to do so can lead to a "gotcha" situation in which, after years of legal proceedings, a court of appeal rules that, well, you had a good issue, but you lose because you failed to raise it correctly.

You should consider a limited consultation with a lawyer to assess your case and recommend whether and how to pursue it. You may also want to talk directly to the government agency to understand their position. Sometimes, when shown to be wrong, bureaucrats and government lawyers back down. Being calm, courteous, well-reasoned, and professional usually works best in such an effort.