Georgia Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency

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Multi-State
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US-01692BG
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Description

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.

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FAQ

(1946) The Administrative Procedure Act (APA) governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking.

Administrative procedures are a set of formal objective rules enacted by a private or governmental organization that govern management decision-making. They help establish the legitimacy of management action by ensuring that management decisions are objective, fair, and consistent.

The APA requires that the notice of proposed rulemaking include "(1) the time, place, and nature of public rulemaking proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved."11 ...

Administrative law covers the laws produced by the executive branch and its subordinate agencies. As a means of enforcing statutory law, agencies write rules and regulations, as well as render administrative decisions. Executive agencies receive their power to act from the General Assembly by way of enabling statutes.

- Georgia Administrative Procedure Act, § 50-13-1 et seq., requires one holding a hearing (anything beyond a "preliminary investigation") to afford notice, right to counsel, right to present evidence, power of subpoena, and other elements of due process with an opportunity for final judicial review.

The Georgia 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 Georgia. It can be found in Title 50, Chapter 13 of the Georgia Code.

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Georgia Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency