Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
FEDERAL AND STATE ADMINISTRATIVE
LAW SYSTEM AS IT AFFECTS
§ 76.01 Administrative Law
§ 76.02 Administrative Procedures Act
§ 76.03 Administrative Hearings
§ 76.04 Judicial Review
§ 76.01 Administrative Law
Administrative law is a complex and technical area of law. It
basically involves the rules and decisions made by governmental
agencies. These rules often comprise the bulk of the laws in certain areas
including tax, labor, environmental, and securities law. Administrative
law also affects regulated industries and corporations contracting with
the government. Many of the rules of common law and statutory law are
not applicable to administrative law matters.
Administrative agencies and the law surrounding them have grown
rapidly. Many procedures corporations must follow are unique to
individual agencies and must be strictly complied with. Agencies have
enforcement authority, which also may pose problems to corporations
and their method of doing business. Aside from civil and criminal
actions, corporations must understand the ramifications of administrative
law and its potential liability.
Administrative agencies are created by legislative enabling action.
The agencies derive their power from the legislature. Administrative
agencies are creatures of statute and are given specific grants of
authority with which they must comply.1 They often have statewide
jurisdiction and are authorized to make rules and conduct contested
cases.2 An agency’s subject matter jurisdiction is set by statute and if the
agency exceeds its authority, the actions are void and subject to collateral
attack.3 Agency policies are developed through rule making and case-bycase
adjudications. It is in the agency’s discretion to determine which
process is appropriate for individual cases.4 The creation of administrative
agencies is premised on the expectation of expertise that administrators
will bring to the agency.5 Legislatures, however, cannot delegate their
legislative authority. Therefore, administrative agencies, in theory at least,
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.