Minnesota 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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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
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FAQ

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 ...

The reviewing court can consider whether a rule: is unconstitutional; goes beyond the agency's legal authority; was made without following the notice?and?comment process required by the Administrative Procedure Act or other law; or was arbitrary, capricious, or an abuse of discretion.

Minnesota, like the federal government and most other states, has an Administrative Procedure Act (APA) that is intended to protect the public from abuse of agency power.

A perfect example of a set of administrative procedures is the rules, policies and procedures outlined in your typical employee handbook or manual. The typical handbook will outline such procedures as requests for vacation time, sick leave, dress code, company holidays, and grievance procedures.

(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.

The purposes of the act were: (1) to ensure that agencies keep the public informed of their organization, procedures, and rules, (2) to provide for public participation in the rule-making process, (3) to prescribe uniform standards for the conduct of formal rule making and adjudicatory proceedings, and (4) to restate ...

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.

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