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.
Montana Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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The Montana 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 Montana. It can be found in Title 2, Chapter 4 of the Montana Code.
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.
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 ...
(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.
An administrative agency cannot hold a hearing without a jury. In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action.
Administrative rules are developed under a process outlined in the Montana Administrative Procedure Act. That process requires state agencies to provide notice to the public when they wish to adopt, amend or repeal administrative rules. The notices are compiled in the Montana Administrative Register (MAR).
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.