Administrative Law Practice  -  Federal Trade Commission Practice; State Attorney General Practice; and State Federal Agency Practice

Businesses and licensed professionals of all kinds are affected daily by an ever-changing scheme of regulation, licensing, inspections, and permitting by governmental agencies at the federal, state, county, and municipal levels. The MLG Administrative Law Practice Group assists licensed professionals and licensed businesses in addressing the traditional federal and state regulatory “bumps in the road” in the course of daily business, as well as defending their most precious commodity - their license - the ability to practice their profession. The Practice Group also houses the ability to apply for a variety of licensed or certified professions within the state of Florida. Be it license defense, complying with regulations, or beginning a new business under a professional license, the Maldonado Law Group stands ready to assist your administrative law needs. The Administrative Law Practice Group is prepared to assist you in addressing various administrative law needs and accepts referrals from other law firms that may have a client with a civil liability issue who also has a related professional license issue.

Attorney Opinion Letters:
Legal/Regulatory Opinions rendered based upon Review of applicable law and regulation over business activity or new product with implication of approvals or compliance with:

• Federal Trade Commission
• U.S. Department of Health and Human Services, Federal Drug Administration
• Federal Communication Commission
• U.S. Department of Treasury – FinCen
• State Regulatory Commissions and Boards
• State Departments of Financial Regulation
• State Unfair Trade Practice Laws

 Administrative Law Defense & Advocacy:

If you work in any profession or career field that requires a license, whether included above or not, maintaining that license requires that you adhere to a series of conduct guidelines, conversely, there is also usually a series of acts that are on a list of “violations.” Too often, a simple complaint by a disgruntled client or consumer will trigger an administrative process that will automatically include:

• A review of the allegations by a probable cause panel to determine if probable cause exists for a formal investigation.

• An investigation as to the details, witnesses and progress of which will not be known to you until the agency is ready to make a determination of guilt or innocence.
• A determination of violation, and issuance of a charging document informing you of your violations, whether you believe you committed them or not. Those determinations can carry significant fines, suspension of your professional license for various periods of time, restitution of alleged harm and or damage to your clients, or complete, permanent revocation of your license, which can also bar your obtaining that same license again in any other state.

• After you receive the agency’s determinations regarding your guilt and penalties, you will then usually have the option of choosing an informal hearing to explain your position, or a formal, trial-like formal hearing with evidence gathering and the issuance subpoenas and a determination by an administrative law judge, or “hearing officer,” which in most cases results in a “recommendation” to the agency that brought the charges, which can be followed or rejected by he agency.
• If it is rejected, you will have to appeal the agency’s final decision and order to a civil court at the circuit or appellate level. If you fail to overturn the agency decision at your first level of appeal you can continue up the appellate ladder until you succeed, or the courts refuse to hear the matter further.

Each level of appeal of an agency decision becomes both exponentially more costly, as well as more difficult to prevail. Courts are resistant to overturning the wide discretion of the government agencies. The Administrative Law Practice Group is geared to seek the wiser and more expedient solution, which is to resolve the problem as early in the process as possible, or go the distance if necessary.
Enforcement Actions by Federal Agencies.  Legal Representation & Administrative Agency Defense of clients beginning at the Investigation stage of actions, through negotiations, discovery, and formal and informal hearings for cases involving:

Federal Trade Commission

• FTC Investigations and Violations of Unfair Trade Practice.
• Interstate False Advertising Claims
• FTC negotiations in Pre-lawsuit
• Representation in U.S. District Court by FTC for claims of Unfair Trade Practices

Federal Communications Commission

• FCC Enforcement Bureau Investigations and Notice of Apparent Liability Against Common Carriers
• CPNI violations
• Failure to File FCC 499 or pay USF and other regulatory contributions
• Technical Rule Violations
• Unauthorized Broadcasts
• Failure to obtain section 214 Authority prior to offering Telecommunication Services
• Preparation of Responses and Documents under Subpoena by the FTC         

Pre-lawsuit Investigations by State Attorney Generals:  Legal Representation & Administrative Agency Defense of clients beginning at the Investigation stage of actions, through negotiations, discovery, and formal and informal hearings for cases involving:

• State Unfair Trade Practice Violations and Investigations
• State Violations of False Advertising Claims
• Representation in Civil and Criminal violations of Administrative Code