How to Appeal an Administrative Law Judge's Ruling

An administrative law judge arbitrates between government agencies and private individuals. Sometimes the administrative law judge (ALJ) may issue a ruling that is not in your favor. Under such circumstances it is possible for you to appeal this decision with the superior court in your state. Appealing the judges' decision involves asking a superior court to overturn this decision and to grant your initial claim from the government agency. Due to the complexity of administrative law, it is important to seek guidance from an attorney.

Instructions

    • 1

      Read the rules and regulations of administrative appeal in your state. Obtain a copy of the rules of administrative procedure from the agency with which you are involved in administrative litigation against. Note that each agency has its own appellate rules of administrative procedure.

    • 2

      Write a petition to review within 30 days of receiving the order from the administrative judge rejecting your appeal of the agency's decision. Complete the petition for review by first indicating your name and address, the name and address of the agency whose decision you disagree with at the top of the petition form . Start a new paragraph on the petition to state the decision you are appealing, the date of issuance, your case number and that it is an administrative law judge decision that you are appealing against.

    • 3

      Describe, in the next paragraph, the reasons why you think the judge's decisions were erroneous. Provide an explanation by making reference to any rules of administrative procedures that were violated by the judge, or any proof in the law that shows your civil rights have been violated by the judge's decision. State the remedy you are seeking from your court for example: "I ask the court to reverse the administrative law judge's decision and grant me unemployment benefits without sanction from the date that Social Security services refused my claim for benefits."

    • 4

      Make three copies of the petition for review and the order from the judge. File these copies with the superior court clerk in your state. Obtain the mailing address of the agency from the reply forms it sent you earlier to notify you that your claim had been rejected. Consult your state office of attorney general's website or visit the office to obtain the mailing address.

    • 5

      Serve copies of these documents to the agency in question and the office of attorney general in your state through certified mail and obtain proof of receipt. Wait for a response acknowledging receipt of your documents from the office of the attorney general which is usually the legal representative of state agencies.

    • 6

      Visit or contact the superior court clerk's office to request a date for your hearing. Obtain the notice for trial setting forms from the court clerk and fill them in. Make two copies of these forms and file the original one with the clerk, send one to the attorney general's office and keep one for yourself.

    • 7

      Contact the attorney general's office to attempt to settle the case before the trial hearing commences. Record any agreement you reach with the attorney general's office and have it signed by both you and the attorney general's office. Provide the court with this agreement. The appeal process will be terminated at this point if you settle.

    • 8

      Got to court on the day of your hearing if you did not settle with the attorney general's office. Furnish the judge with documents and information to support your case. Provide references to sections of the law that support your appeal. Explain to the court why you need a remedy to the administrative law judge's decision. The court will arrive at a judgment based on compelling evidence and reasons to either grant or dismiss your appeal.

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