Legal Question in Administrative Law in California

Can an Administrative Law Judge's decision in California be appealed?


Asked on 1/05/12, 2:04 pm

4 Answers from Attorneys

Thomas Mauriello Mauriello Law Firm, APC

I would like to know more details about your situation but the short answer is yes. The process is generally through a type of lawsuit called a petition for writ of mandate.

In addition, the written order or decision of the administrative law judge should be accompanied by information on how to appeal that decision. You should carefully review this information.

I have a lot of administrative law experience, so feel free to contact me if you need assistance. Good luck.

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Answered on 1/05/12, 2:14 pm
George Shers Law Offices of Georges H. Shers

Mr. Mauriello is entirely correct. Remember there are time limits that must be followed and the appeal must be based upon what was admitted into evidence at the hearing and not new evidence. If you have new evidence, you might want to ask the judge for reconsideration.

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Answered on 1/05/12, 3:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The appeal procedures and possibilities will be defined by the ALJ's departmental rules of practice to some extent, but to a larger extent by state law, including constitutional and statutory guarantees. Some rulemaking bodies, such as the California Public Utilities Commission, have procedures under which an ALJ's ruling can be taken before the entire commission or to a court of law via a writ of administrative mandate. Other agencies have somewhat different internal appeal and review practices. I'd suggest looking at the ALJ's department's Web site to see whether it has an appellate panel, such as the California Unemployment Insurance Appeals Board which hears appeals from decisions of ALJs in the area of unemployment insurance. You should ordinarily exhaust your possibilities within the department before taking your case to the next higher level (court).

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Answered on 1/05/12, 3:05 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

If you carefully read the the ALJ's decision and the documents that come with the decision they will probably tell you who you have to appeal to and the deadlines for filing an appeal. If the hearing was taped or recorded in any manner probably you first step is to get a copy of the transcript or tape. If you did the hear in pro per you might consider getting a lawyer at this point since there are a lot of technicalities that need to be followed.

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Answered on 1/05/12, 9:17 pm


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