A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records.
Alabama Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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The Alabama Administrative Procedure Act is the law governing procedures for state administrative agencies to propose and issue regulations and provides for judicial review of agency adjudications and other final decisions in Alabama. It can be found in Title 41, Chapter 22 of Code of Alabama.
Section 41-22-20 - Judicial Review of Preliminary, Procedural, etc., Actions or Rulings and Final Decisions in Contested Cases. Judicial review of preliminary, procedural, etc., actions or rulings and final decisions in contested cases.
Administrative agencies are created by some legislative body. An enabling act is an act approving rules promulgated by an administrative agency. Administrative agencies serve as courts for hearings on rule violations. The Privacy Act is part of the Administrative Procedures Act.
Usually, the agency will have all three kinds of power: executive, legislative, and judicial. (That is, the agency can set the rules that business must comply with, can investigate and prosecute those businesses, and can hold administrative hearings for violations of those rules.
In addition to setting forth rulemaking procedures, the APA addresses other agency actions such as issuance of policy statements, licenses, and permits. It also provides standards for judicial review if a person has been adversely affected or aggrieved by an agency action.
Usually, the agency will have all three kinds of power: executive, legislative, and judicial. (That is, the agency can set the rules that business must comply with, can investigate and prosecute those businesses, and can hold administrative hearings for violations of those rules.
Still, courts may only invalidate agency actions when they are found to be arbitrary, capricious, or an abuse of discretion.
An agency's enforcement authority is limited to the powers granted to it by statute. Agencies cannot pursue matters that are outside the scope of the statute in an administrative proceeding, nor can they impose new procedures or penalties that the statute does not provide.