United States Administrative Law - State-level Administrative Law

State-level Administrative Law

States may have their own administrative law; for example, a state constitution may allow the legislature to delegate rulemaking authority to an executive or independent agency, and state governments may provide an administrative appeal process for people who are dissatisfied with decisions made by certain state agencies.

California has an extensive body of administrative law including a hearing agency that requires its administrative law judges to be lawyers. California statutory law governing the hearing agency states that non-lawyers may appear before it. However, California case law holds that former attorneys who no longer practice law may not appear before it. Most California agencies adjudicate license cases utilizing the California Attorney General's legal staff. However, others (including the Department of Corporations and Insurance) utilize their own legal staff.