Federal Administrative Appeals
What are Federal Administrative Appeals
Federal administrative appeals involve disputes or decisions related to specific federal administrative agencies’ rulings, such as the U.S. Equal Employment Opportunity Commission (EEOC) or the U.S. Merit Systems Protection Board (MSPB).
Key features of federal administrative appeals:
Administrative agency: The appeals are filed with the relevant federal administrative agency responsible for the subject matter of the dispute or decision, e.g., appeals of decisions on EEO complaints go to the EEOC’s Office of Federal Operations.
Administrative review: The appeal is reviewed by the agency or an administrative judge (AJ) in the case of an appeal of an agency decision to take an adverse action against a federal employee. This review may involve considering evidence, hearing arguments, and issuing a new decision.
Limited court involvement: If the party is still dissatisfied after the administrative appeal, they may have the option to file a civil action in federal court.
In short, federal administrative appeals involve disputes or decisions made by federal administrative agencies and typically follow a more specific administrative process.
Our Role in Your Federal Administrative Appeal
The Federal Practice Group’s skilled attorneys excel in federal administrative appeals, leveraging our century-spanning experience to achieve outstanding outcomes and a proven track record of success in championing your cause.
Ready to challenge a federal agency decision? Connect with our team now and let our expert attorneys guide you to a favorable outcome in your administrative appeal.
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Frequently Asked Questions
Appellate law involves the process of appealing a lower court’s decision to a higher court. It focuses on reviewing and potentially reversing or affirming the decisions made in the lower court.
Appellate courts review the legal procedures and issues presented in lower court cases to ensure that the trial was fair and that the law was applied correctly. They do not retry the facts of the case.
In a trial, the facts of the case are presented, witnesses testify, and a verdict is reached. In an appeal, the focus is on reviewing legal issues and procedures, not on re-examining the facts.
Appellate courts generally hear appeals based on legal errors or issues, such as misapplication of the law, procedural mistakes, or constitutional violations. They don’t re-evaluate the facts of the case.
The process typically starts with filing a notice of appeal, followed by the submission of briefs from both parties, and oral arguments in some cases. The appellate court then renders a decision.