Administrative Lawyers in Dover

Having An Administrative Lawyer By Your Side Is Essential

At Schmittinger & Rodriguez, we know that thorny legal issues can arise for individuals and businesses in administrative and regulatory areas of law just as much as in civil or criminal situations.

When government agencies take action against you to enforce regulations in an administrative hearing, you need an experienced administrative lawyer knowledgeable of the rules and regulations to represent you and protect your rights.
Our lawyers stand ready to represent your interests in all administrative or regulatory law. Our attorneys have experience representing clients in matters including, but not limited to administrative hearings, regulatory compliance, licensing disputes, employment discrimination cases, and insurance coverage and claims issues.

We understand the complexities of navigating administrative proceedings and will fight aggressively to protect your rights. We know each situation is unique, so we strive to provide the best service and legal advice possible.

If you are facing a government action or regulatory dispute, contact us for experienced legal representation. Our lawyers can review your case and help you strategize a successful outcome.

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What Does An
Administrative Lawyer Do?

Administrative law lawyers in Delaware handle legal matters related to administrative agencies and the regulations and rules they enforce. Administrative agencies are government bodies given the authority to enforce specific laws and regulations within their jurisdiction. Administrative law lawyers in Delaware may represent individuals, businesses, or organizations subject to regulation by administrative agencies, or we may represent the agencies themselves.

Our Dover administrative lawyers handle matters including:

    1. Representing clients in administrative hearings: Administrative law lawyers in Delaware may represent clients subject to administrative hearings, proceedings before an administrative agency to determine whether a person or organization has violated an agency’s rules or regulations.
    2. Advising clients on compliance with administrative regulations: Administrative law lawyers in Delaware may advise clients on compliance with the regulations and rules of administrative agencies, including the Delaware Department of Natural Resources and Environmental Control, the Delaware Division of Corporations, and the Delaware Public Service Commission.
    3. Representing clients in court: If an administrative decision is challenged, our administrative lawyers may represent their clients in court proceedings, including appeals of administrative decisions.
    4. Drafting and reviewing administrative regulations: We may assist administrative agencies in drafting and reviewing regulations and rules to ensure state and federal law compliance.
    5. Advising administrative agencies: We may provide legal advice to agencies on matters related to their administrative jurisdiction, authority and legal challenges to their decisions.

Schmittinger & Rodriguez has represented clients in administrative hearings, advised clients on compliance with regulations, represented clients in court, drafted and reviewed regulations, and advised administrative agencies on legal matters.

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Contact Schmittinger & Rodriguez

Our administrative lawyers are committed to providing you personalized attention and will fight hard to get you the best possible outcome for your case. If you have an administrative matter, contact Schmittinger & Rodriguez today for a consultation.

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What Are Administrative Actions?

In Delaware, administrative agencies have the power to take various administrative actions against individuals and businesses that violate their rules and regulations. These actions may include:

    • Fines: Administrative agencies in Delaware may impose fines on individuals or businesses that violate their regulations. These fines may range from relatively minor amounts to substantial penalties.

    • License revocation or suspension: Certain professions and businesses in Delaware require licenses from state agencies. If an individual or business violates the regulations of the agency that issued the license, the agency may revoke or suspend the license, preventing the individual or business from operating in that field.

    • Cease and desist orders: An administrative agency in Delaware may issue a cease and desist order to an individual or business that is engaging in activities that violate the agency’s regulations. This order requires the individual or business to stop the activities immediately.

    • Administrative hearings: If an individual or business is accused of violating an agency’s regulations, the agency may hold an administrative hearing to determine whether the violation occurred. The agency may take administrative action against the individual or business based on the outcome of the hearing.

    • Injunctions: An administrative agency in Delaware may seek an injunction in court to prevent an individual or business from engaging in activities that violate its regulations. An injunction is a court order that requires the individual or business to stop the activities immediately.

    • Compliance orders: If an individual or business is found to be in violation of an agency’s regulations, the agency may issue a compliance order, which requires the individual or business to take specific actions to come into compliance with the regulations.

Administrative agencies in Delaware have the power to take a variety of administrative actions against individuals and businesses that violate their regulations. When a government agency takes such action, it’s critical to have an administrative law attorney representing you.

What Types Of Cases Do Administrative Lawyers Handle?

An administrative law attorney in Delaware handles a wide range of cases that involve disputes with administrative agencies. Some of the most common types of cases that administrative lawyers handle in Delaware include:

    • Regulatory compliance: Administrative lawyers help businesses and individuals comply with the regulations set forth by administrative agencies in Delaware. This may include obtaining permits, licenses, or certifications to operate in certain industries or comply with environmental, health, and safety regulations.

    • Licensing and permits: Administrative lawyers assist clients in obtaining and renewing professional licenses and permits, as well as representing clients in disciplinary proceedings related to licensing and permits.

    • Enforcement actions: Administrative lawyers represent clients in enforcement actions brought by administrative agencies, including investigations, hearings, and appeals before an administrative law judge.

    • Rule-making: Administrative attorneys advise clients on the rule-making process in Delaware and represent clients in commenting on proposed rules and challenging final rules.

    • Adjudications: Administrative attorneys represent clients in administrative hearings, where they argue cases before administrative law judges and present evidence to support their client’s position.

    • Appeals: Administrative attorneys file appeals of administrative agency decisions in Delaware courts and represent clients in the appeals process.

Our administrative lawyers handle cases related to regulatory compliance, licensing and permits, enforcement actions, rule-making, adjudications, and appeals involving administrative agencies. They work to protect their client’s rights and interests and help them navigate the complex rules and procedures of administrative law.

What Agencies Are Considered Administrative?

In Delaware, there are numerous agencies that are considered administrative and fall under the jurisdiction of administrative law. Some of the most significant administrative agencies in Delaware include:

    • Department of Natural Resources and Environmental Control (DNREC): DNREC is responsible for enforcing environmental laws and regulations in Delaware. The agency has several divisions that oversee air and water quality, waste management, and conservation efforts.

    • Delaware Division of Professional Regulation (DPR): DPR regulates and licenses various professions in Delaware, including doctors, nurses, lawyers, engineers, and real estate agents.

    • Delaware Department of Labor (DOL): DOL oversees employment-related issues in Delaware, including wage and hour laws, worker safety, and unemployment benefits.

    • Delaware Public Service Commission (PSC): PSC regulates utilities in Delaware, including electric, natural gas, water, and telecommunications companies.

    • Delaware Department of Transportation (DelDOT): DelDOT is responsible for maintaining and improving Delaware’s transportation infrastructure, including highways, bridges, and public transportation.

    • Delaware Health and Social Services (DHSS): DHSS provides health care services and social welfare programs in Delaware, including Medicaid, child support enforcement, and mental health services.

    • Division of Small Business, Development, and Tourism: This division promotes economic development in Delaware by providing resources and support to small businesses and entrepreneurs.

    • Division of Corporations: This division oversees business and corporate filings in Delaware, which is known for its favorable corporate tax laws and business-friendly environment.

These are just a few examples of the administrative agencies in Delaware that are responsible for enforcing laws and regulations related to various industries and issues. Attorneys who are familiar with this area of law and have experience with administrative procedures and appearing before administrative agencies will make a difference to your case.

Do I Need An Attorney At an Administrative Hearing?

If you are facing an administrative hearing in Delaware, it is highly recommended that you seek the assistance of an experienced administrative law attorney. Here are some reasons why:

    • Understanding the process: Administrative hearings can be complex and confusing, with a lot of rules and procedures that must be followed. An administrative lawyer can help you understand the process and prepare you for what to expect, as well as ensure that you meet all deadlines and requirements.

    • Protecting your rights: An administrative lawyer can help you protect your rights during the hearing. This may include challenging evidence or arguments presented by the other party, ensuring that you are given a fair and impartial hearing, and making sure that all evidence and witnesses are properly presented.

    • Presenting evidence and arguments: An administrative lawyer can help you prepare and present evidence and arguments in a clear and compelling manner. They can also help you develop a strategy for presenting your case, which can be crucial in achieving a favorable outcome.

    • Negotiating settlements: In some cases, it may be possible to negotiate a settlement before or during an administrative hearing. An attorney can help you navigate the negotiation process and work to achieve a favorable outcome for you.

    • Appeals: If you are not satisfied with the outcome of the administrative hearing, you may have the right to appeal the decision. An attorney can help you file an appeal and represent you in the appeals process.

An administrative attorney can help you understand the administrative hearing process, protect your rights, present evidence and arguments, negotiate settlements, and file appeals if necessary in state or federal actions. They can be a valuable asset in achieving a favorable outcome in your case.

Why Schmittinger & Rodriguez
Is Right For You

At Schmittinger & Rodriguez, our legal practice understands the complex issues of administrative law and government regulations. Our team has decades of combined experience in administrative law practice involving many of the respective agencies.

We have a deep understanding of Delaware law and will provide dedicated legal representation throughout your matter. Our administrative lawyers are committed to providing you personalized attention and will fight hard to get you the best possible outcome for your case. If you have an administrative legal matter, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.

administrative law FAQs

What are the potential consequences of a violation of administrative regulations in Delaware?

The consequences of a violation of administrative regulations in Delaware may include fines, license revocation or suspension, cease and desist orders, administrative hearings, injunctions, and compliance orders. An administrative lawyer can help you understand the potential consequences of your case and work to minimize the impact on your business or professional license.

Can I appeal a decision of an administrative agency in Delaware?

Yes, you have the right to appeal a decision of an administrative agency in Delaware. An administrative law attorney can help you prepare and file an appeal and represent you in the appeals process.

How long do I have to file an appeal of an administrative agency decision in Delaware?

The time limit to file an appeal of an administrative agency decision in Delaware varies depending on the agency and the specific case. It is important to consult with an administrative law attorney as soon as possible to ensure that you do not miss any important deadlines.

What should I expect during an administrative hearing in Delaware?

An administrative hearing in Delaware is a formal legal proceeding where evidence is presented, witnesses are questioned, and arguments are made by both sides. An administrative law attorney can help you prepare for the hearing, gather evidence, and present a strong case on your behalf.

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