An administrative judge understands in disputes between public and private entities. Sometimes, the administrative judge (ALJ, for its acronym in English) can reach a judgment against you.
In these cases, it is possible to appeal his decision to a court in your state. The appeal means to ask a higher court to revoke the decision and that makes to your original complaint to the public entity. Due to the complexity of administrative law, it is essential to seek advice from a lawyer.
- Read the rules and regulations of the administrative appeal in your state. Get a copy of the rules of the administrative process of the public entity with which you are involved in an administrative litigation. Note that each public entity has its own rules for appeal of the administrative process.
- Makes a request for review within 30 days of received the order of the administrative judge rejecting the appeal of the decision. Complete the request for review indicating, in first place, your name and address, name and address of the public entity with which decision you are in disagreement at the top of the form. Begins a new paragraph in the request to determine the decision you are appealing, the date of issuance of the same, the number of the record and that it is a decision by an administrative judge that you are appealing.
- In the following paragraph, describes the reasons why you consider that the judicial decision was erroneous. It provides an explanation referring back to any of the rules of the administrative process that were raped by the judge, or evidence in law showing that your civil rights have been violated by the judicial decision. Details the compensation you want to obtain from the Court, for example: ask you the Court to revoke the decision of the administrative judge and give me unemployment subsidies without sanctions from the date that Social Security Services denied my claim for subsidy.
- Make three copies of the request for review and the judges order. It presents these copies to the clerk of the Court in your state. Get the email address of the public entity from the forms of reply which sent beforehand to notify you that the claim had been rejected. Check on the website of the District of your State Attorney or visit the Prosecutors office to obtain the email address.
- Diligence copies of these documents to the entity in question and the office of the District Attorney in your State through certified mail and get a record of receipt. Expected response certifying receipt of documents from the office of the District Attorney that tends to be the legal representative of public entities.
- Visit or contact the Secretariat of the High Court to ask for a date for the hearing. Get notification of the judgment of the Secretary of the Court forms and complete them. Get two copies of these forms, presents the original with the clerk of the Court, send one to the office of the District Attorney and preserves one of the copies.
- Contact the office of the District Attorney to reconcile the cause before the audience. Registers any agreement that you get with the office of the District Attorney, sign it and get the District Attorney to sign it. It presents this agreement before the Court. The appeals process is complete at the time of the conciliation.
- He attends the Court the day of the hearing if not you got to an agreement with the District Attorney. Presentation, before the Court, the documents and information supporting your cause. Refer to the articles of the law that underlie your appeal. Explain to the Court why you need a legal redress under the administrative judges decision. The Court will issue a ruling based on the evidence and reasons and will place or will reject your appeal.
Tips and warnings
- Present new evidence in the appeal process may not influence the decision of the judge or ensure the success of your cause. Stick to the facts and initial testing and defend them with adequate knowledge of the law.