A Primer on Administrative Law
Administrative law is one of those areas of law that exists at the ripe intersection of government, business, and regulation; ensuring that the public is both protected from negative actions by the government but also providing citizens with public benefits. Because the scope of administrative law is so vast, it can be difficult to keep a handle on just what is covered. As recited by Oregon State University Library: Administrative law encompasses the laws and rules governing the activities of administrative agencies of government. Administrative law includes the study of the purposes, powers, and practice of administrative agencies. Administrative law comprises both the procedural and substantive law created by federal and state administrative agencies in the U.S. legal system. Because of how pervasive administrative law is in other aspects of government and private enterprise, it’s essential to see how it fits into the big picture. For example, OSHA mandates that all employers have an Emergency Action Plan containing minimal rules about how an organization will handle an emergency (29 CFR 1910.38) . Is a Mold Action Plan an emergency? Can you require that employees use N95 masks when they are cleaning up water loss job sites? What about when they are using a waterless vacuum, or working with dehu’s? All of these questions are issues of administrative law; because they are all answering how a governmental agency interprets its powers. From OSHA to EPA to State Environmental Agencies, administrative law becomes applicable to this entire process. This process is essential because it helps provide the "rules of the road" for regulation in the industry, while allowing for innovation and creativity in the middle. It allows businesses to flourish while still providing a safe place for workers and the general public, protected from harm. This is all law in action. Because administrative law is highly nuanced and specific to the organizations involved, flow charts allow practitioners an easy avenue to get their minds around the process, and also to help verify the correct path is being taken. Flow charts give a visual representation of the process, which is inherently more useful than a long recitation of rules to refer to if you need to remember how something should progress legally.
What is an Administrative Law Flowchart?
Administrative law flowcharts are used to compile complex law and procedure in an easily readable and understandable manner. Administrative law flowcharts consist of numbered and/or lettered boxes that represent an individual step in the administrative process and arrows that connect the boxes to demonstrate the progression through the administrative process. For example, is it possible to advance from step 1 to step 3 without passing through step 2? Flowcharts are used to visually depict a process and improve the reader’s comprehension of the various steps in that process.
The use of a flowchart will also assist in logically thinking through the various steps of a process. If the process is complicated, the use of a flowchart can visually represent the process in a condensed and efficient manner. An administrative law flowchart is useful because it breaks down complex legal issues into an easy-to-follow visual representation and steps. Typically, a flowchart will consist of a combination of boxes (steps), arrows (the points of progression), diamonds (decisions), and ovals (the start or end of the process). Flowcharts tell the observer where to go based on the answer to the specific question in the diamond.
How to Make a Flowchart for Legal Procedures?
To create an administrative law flowchart that lawyers will actually use, first build a complete list of potential issues, questions, and procedures relevant to the area of law. Take every conceivable scenario for administrative law (SAA) in your area of practice, and begin organizing the most typical into a flowchart.
Next: add any necessary procedures or points of law that will impact the way those issues and questions are handled in administrative law. This will further narrow down the options that must be taken into consideration as you progress through the flowchart.
Compile the information into a flowchart using software that has clear legal design templates to make the process easier and more efficient. When it comes to things like administrative law, you will want to be able to use icons that make sense for the legal space. Using the right tools will also save you significant time when additional modification is necessary due to changes in case law or procedural updates.
Add steps and decisions as needed, such as "is the party a member of the public" or "is the appeal heard by a panel," etc. Also, consider adding in color-coding for different types of activities (i.e., decisions v. levels, etc). Finally, review the administrative law flowchart for accuracy and clarify with other legal professionals to gauge its efficiency and overall utility.
Common Applications of Flowcharts in Administrative Law
Flowcharts are routinely used throughout administrative law. No one agency or body uses a different style of flowchart. The information they contain varies, and so does the type of information being exhibited. However, there are common use cases throughout different agencies.
Commonly, flowcharts are used to understand complex rules and statutes both within and outside the legal profession. They may be used to help navigated complex association procedures, courts, or other rules. However, their use in navigating the APA cannot be understated.
When drafting or reviewing a rule, it is important to thoroughly read the rule. In reading the rule, it is important to know what authority for the rule is granted under common statutory authority. Usually, this is a general rule-making statute like 5 U.S.C. § 553. However, sometimes simple an authority statement with a clear delegated authority can be very helpful.
During this process, it is important to look at the steps required under any requirements of the APA. This is where flowcharts can come in most handy. Because the APA is so long, it is easy to miss where certain aspects of the rule appear. This is especially true of the required procedures and requirements of the rule. A flowchart can help easily visualize how the rule is being implemented. This also includes, but is not limited to start/end points for analysis.
Some agencies also have an option to request a flowchart and others already have them available. For instance, the Bureau of Citizenship and Immigration Services (USCIS) has flowcharts available to help navigate their system. The Securities and Exchange Commission (SEC) also utilizes flow charts to help the public navigate through the proposal of a rule and the adoption process. The SEC flowchart is published on their website to help parties understand how a rule is adopted and completed. The Bureau of Industry and Security (BIS) has also released flow charts to help the public identify control lists.
One interesting use of flowcharts is in informal adjudication procedures. In 2019, the U.S. Department of Justice put out a new incidental to security management order that laid out when force could be authorized. In the rulemaking process of the rule, the agency created flowcharts to help visualize when and how to use force. A special posting of the OALP allowed the rule to come into effect right away.
Advantages of Using Flowcharts in Legal Settings
As a real estate attorney, the opportunities to streamline the closing process are abundant. One way we do this is by use of flow charts. We use flow charts internally to streamline our process, but we also use flow charts to communicate with our clients about their transaction. In fact, this is one of the benefits of using flow charts, it is a great communication tool. Instead of handling twenty-five emails that are hard to follow and review, this makes the process a lot more informative both for my client and other professionals who may be involved.
Another benefit to using flow charts is that it helps to identify where errors are and where processes might breakdown . I can have everyone on my team look at the same chart and be on the same page. They are literally all flowing in the same direction. I can look at my chart in the morning and see and independently verify that everyone is working in the right order and that all the tasks are getting completed in a timely manner.
Using a flow chart makes it easier to organize complicated matters. While I can store it on my desk top, or in our firm’s case management system, the flow chart is also easily emailed or printed and provided to anyone who may need to use it.
Flowcharts: Challenges and Solutions
Challenges and Tips for Creating Flowcharts
Depending on the familiarization with the process, problems may arise. For example, when you are working with smaller insurance agency, you will likely be talking directly with the end user or an IT person. However, when you are working with a larger insurance company you are probably going to need to speak with multiple people, including: the Product Manager, IT people, underwriting desk, marketing, and customer service departments. Everyone will claim to have different perspectives, and when you make a flow chart based on their information it could lead to rework and wasted time.
Advice: As with any large project, it is important to consult people throughout the entire process and make sure all parties agree on the process flow before drafting the final flowchart. It is also helpful to schedule regular project check-ins to ensure everyone is on the same page.
Conclusion: Streamlining Legal Processes with Flowcharts
In many instances, flow charts have clearly contributed to the understanding as well as the execution of a process. As many government agencies and legislatures begin to fully embrace e-filing, e-discovery and the electronic docket, they are well poised to begin using flow charts for internal process improvement, court automation and the like. This major technology leap will open up to new leaders in the field of administrative law that have an advantage over their less tech-savvy peers. The award-winning outdated stale administrative rule model has had its time and could stay around for those who may want it. But forward-thinking administrative law practices will want to stake out their territory now with the use of key administrative law flow charts. This will help them to move their cases more quickly and efficiently through the administrative law process. Practitioners and judges alike should not overlook the fact that administrative flow charts are more than a practice enhancement and can be used as evidence filed in the record in the administrative law case because they are a visual representation of the administrative law process , the steps taken and outcomes achieved. This will help them advance their case. As administrative law professionals, flow charts can be invaluable tools with far-reaching impact. Flow charts should enhance the relationship among administrative law practitioners, their clerks and judges, enabling them all to approach their jobs in a more meaningful way.
