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Administrative Law

Overview

Administrative law is the sector of law that governs the activities of administrative agencies of government. These agencies are not courts but are instead part of the executive branch of the federal, state, or local governing authorities. The procedures before administrative agencies are quite different than court procedures. Understanding these procedural differences is critical to the protection of the rights of clients.

Defining Strengths

The firm’s strength in administrative law arises from its lengthy experience. The Administrative Law team is led by Eric J. Derbes, who began his career as a military attorney where he became well versed in administrative law. When he joined the firm in 1995, Mr. Eric Derbes worked closely with his father, the firm’s co-founder, Albert J. Derbes, III, in the representation of the firm’s first state board client. Further, the firm throughout its existence has represented individuals and companies before all nature of taxing authorities which representation involves its own set of procedures.

Experience

The Derbes Law Firm serves as attorney for state boards, which operate under the Louisiana Administrative Procedures Act. The firm sometimes serves as the prosecutorial attorney at the administrative level during administrative hearings, and at other times serves as counsel to boards when administrative decisions require enforcement or are appealed.

The Derbes Law Firm also acts as attorney for persons and companies before regulatory agencies and authorities. The team’s representation has included diverse matters such as representing clients before federal administrative law judges (ALJs), the Jefferson Parish Department of Inspection & Code Enforcement, and taxpayers before taxing authorities, such as the IRS, the Louisiana Department of Revenue (LDR), the New Orleans Department of Finance, and the Jefferson Parish Sheriff.

The Derbes Law Firm’s results for clients have included the following:

  • Successfully defended challenge to State Board’s imposition of disciplinary sanctions against a Certified Public Accountant before both the Civil District Court of Orleans Parish and the Louisiana Fourth Circuit Court of Appeal. Barrett & Barrett, CPAs, APC v. State Board of Certified Public Accountants of Louisiana, 2019-0402 (La. App. 4 Cir. 11/27/19), 2019 WL 6357895;
  • Successfully defended challenge to State Board’s imposition of disciplinary sanctions against a Certified Public Accountant before both the Civil District Court of Orleans Parish and the Louisiana Fourth Circuit Court of Appeal. Thomas v. State Bd. of Certified Pub. Accts. of Louisiana, 2008-1491 (La. App. 4 Cir. 1/27/10), 30 So. 3d 1102, writ denied sub nom. Thomas v. State Bd. of Certified Pub. Accts., 2010-0461 (La. 4/30/10), 34 So. 3d 296; 
  • Successfully enforced discipline imposed on a Certified Public Accountant by the State Board of Certified Public Accountants in the 24th Judicial District Court and the 5th Circuit Court of Appeal. State Bd. of Certified Pub. Accts. of Louisiana v. Donnelly, 96-822 (La. App. 5 Cir. 1/28/97), 688 So. 2d 127, 128, writ denied, 97-0969 (La. 5/30/97), 694 So. 2d 247;
  • Successfully negotiated a zoning variance for a commercial establishment in Jefferson Parish on Veterans Memorial Blvd.;
  • Successfully obtained approval for resubdivision of lots for landowner in Jefferson Parish;
  • Successfully appealed denial of survivor benefits by the Office of Personnel Management to the Merit Systems Protection Board (MSPB).

Practice Areas

  • Louisiana Agencies and Boards
  • Federal Agencies and Boards
  • Taxation
  • Appeals