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

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Multi-State
Control #:
US-01692BG
Format:
Word; 
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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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  • Preview Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
  • Preview Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency

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FAQ

The losing party in a decision by a trial court in the federal courts normally is entitled to appeal the decision to a federal court of appeals.

The Indiana 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 Indiana.

If you don't agree with the ALJ's decision, you may appeal it to the CUIAB Appeal Board with a simple letter at no cost to you, but you have to mail it or deliver it in person to the local CUIAB office no later than 20 days from the mailing date stamped at the bottom of the decision.

The Indiana Department of Child Services (DCS) recognizes the right of the perpetrator to request an Administrative Appeal Hearing if substantiated allegations of Child Abuse and/or Neglect (CA/N) are upheld in the DCS Administrative Review.

Decisions of Administrative Law Judges are binding on the parties in the particular matter but do not have precedential value. They should not be cited or relied on as precedent in any proceeding. Decisions posted here may not be final and may be subject to modification by the Appeals Board and the Courts.

A specific conviction may be reversed, a sentence altered, or a new trial may be ordered altogether if the Appeals Court decides that particular course of action. Even after an appeal is decided by a circuit court judge, a defendant can try to appeal that decision to the United States Supreme Court in Washington, D.C.

The decisions are usually remanded. The decisions are generally upheld as a matter of law unless the appellant (i.e., the party filing the appeal) requests a jury trial.

Generally, the burden of proof in administrative hearings is preponderance of the evidence. This standard is different from the beyond a reasonable doubt standard in criminal trials. For evidence to meet this burden, it must be probative and reliable.

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