Representing clients in highly-regulated industries before the Departments, Agencies, Boards, and Commissions of the Commonwealth of Pennsylvania.
Overview
Recognizing the pervasive presence of regulation in the affairs of virtually all of our clients, Post & Schell, P.C.’s Regulatory & Administrative Agency Law Group is dedicated to the special legal needs of regulated industries in Pennsylvania.
The Group is predicated upon three critical and inter-related skills. First, we draw upon our extensive subject matter knowledge of the regulations that affect our clients' industries. Second, we combine our substantive knowledge with a comparable "real world" understanding of Pennsylvania’s administrative laws, practice, and procedure; the unifying principles that govern the behavior of all state agencies. Third, we filter our knowledge of substance and administrative agency law through the prism of experience provided by lawyers whose careers have been devoted to administrative law and administrative agencies. It is through these lawyers that the nuances of administrative practice become clear, that the appropriate gloss is added to a comment on a proposed rule, or that a call to agency staff is returned in time to fit the overall constraints of a client’s transaction. Combined, our special knowledge of regulated industries, attention to administrative procedure, and the undeniable edge provided by the right people make our Regulatory & Administrative Agency Law Group an acknowledged resource much sought after by regional and national industries who do business in and are regulated by, the Commonwealth of Pennsylvania.
Our lawyers assist clients in their efforts to interpret and comply with regulations in diverse types of licensing and permitting, in government benefit program participation, and in meeting complex codes and standards. We interact with agency staff counsel and obtain interpretations of rules, extensions on filing requirements, or exceptions to certain rules. When agencies take action against our clients, our Regulatory & Administrative Agency Law Group represents those clients in hearings and appeals before agencies and boards, advocating their positions, building records, and testing the basis for the government’s action. When judicial review of agency action is required, Group members have extensive experience pressing such appeals, positioning the issues to our client’s advantage, and negotiating with counsel for the Commonwealth.
Post & Schell’s Regulatory & Administrative Agency Law Group appears regularly before the following Departments, Agencies, Boards, and Commissions:
- Auditor General
- Office of the Attorney General
- Board of Claims
- Department of Aging
- Department of Environmental Protection
- Department of Health
- Department of Labor and Industry
- Department of Public Welfare
- Department of Revenue
- Department of Transportation
- Department of General Services
- Department of Insurance
- Department of Education
- Environmental Hearing Board
- Health Care Cost Containment Council
- Public Retirement System Boards
- State Ethics Commission
- State Real Estate Commission
- Pennsylvania Human Relations Commission
- Independent Regulatory Review Commission
- Pennsylvania Securities Commission
- Pennsylvania Turnpike Commission
- State Lottery Commission
- State Racing Commission
- State Department of Banking
- State Conservation Board
- State Liquor Control Board
- State Board of Chiropractic
- State Board of Dentistry
- State Board of Funeral Directors
- State Board of Medicine
- State Board of Nursing
- State Board of Osteopathic Medicine
- State Board of Pharmacy
- State Board of Motor Vehicle
- State Board of Conservation
- State Board of Liquor Control
- State Board of Accountancy
- State Board of Engineering
- State Board of Architecture
Attorneys
James J. Kutz
Co-Chair, Appellate Department
Chair, Regulatory & Administrative Agency Law & Professional Licensure Practice Groups
Harrisburg
Phone: 717-612-6038
Fax: 717-731-1985
Michael W. Winfield
Principal, Construction
Co-Chair, Commercial Litigation Practice Group
Harrisburg
Phone: 717-612-6024
Fax: 717-731-1985