http://federalpracticemanual.org/book/export/html/3

1.2.B.  Administrative Advocacy

Administrative advocacy can take a variety of forms in connection with agency adjudication, rule-making and investigation./7/  Numerous federal and state benefit programs have procedures for the administrative appeal of adverse decisions.  The advocate should evaluate whether these procedures comport with principles of due process and determine whether the administrative appeal is a mandatory or permissive prerequisite to judicial review.  These administrative appeal procedures should permit the advocate to review the administrative record, to present documents and testimony in a hearing before a neutral decisionmaker and to question agency representatives.  Some procedures have required or permitted options available to mediate the dispute.

In addition to having quasi-judicial procedures for enforcement of a statute, many agencies have procedures for filing administrative complaints or requests that an agency commence an investigation into questioned practices.  The advocate should determine whether the agency has formal or informal processes for such filings and assemble a compelling factual case to persuade the agency to exercise its discretion to review or investigate the matter at issue.  Advocates may file comments in response to notices of proposed federal or state rule-making, and many administrative procedure acts permit the filing of requests to commence a rule-making./8/

Administrative advocacy can be informal. Advocates can contact agency personnel and their supervisors, up to the agency head or attorney or general counsel.  Call agency contacts who have agreed with your position, or are at least open-minded, to see if they are willing to take official or unofficial action.  A local administrator is often surprisingly amenable to changing a local practice if the local agency knows that its federal or state oversight agency is supportive of the change.  Even if unsuccessful, informal administrative advocacy can serve as informal discovery of the agency’s position.  Keep careful records of your conversations and commit the agency’s position to writing when possible.  If agency positions conflict with legislative directives, advocates or their clients/9/ may notify the relevant legislator or legislative committee chair to bring the matter to their attention.  Questions from legislative staff may prompt the agency to reconsider its position or interpretation.  Typically, legislative staff requests are color-coded and given the highest priority.