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.
North Carolina Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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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.
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.
Arbitrary and capricious is a standard for judicial review and appeal, often seen in administrative law. Under this standard, the finding of a lower court will not be disturbed unless it has no reasonable basis, or if the judge decided without reasonable grounds or adequate consideration of the circumstances.
The United States Supreme Court stated that an agency decision would be arbitrary and capricious if the agency has [1] relied on factors which Congress has not intended it to consider, [2] entirely failed to consider an important aspect of the problem, [3] offered an explanation for its decision that runs counter to ...
Still, courts may only invalidate agency actions when they are found to be arbitrary, capricious, or an abuse of discretion.
Section 706(2)(A) of the Administrative Procedure Act (APA) instructs courts reviewing regulation to invalidate any agency action found to be "arbitrary, capricious, an abuse of discretion, or otherwise not in ance with law." The arbitrary-or-capricious test is used by judges when reviewing the factual basis for ...
"A decision is arbitrary if it comes about seemingly at random or by chance or as a capricious and unreasonable act of will. It is capricious if it is the product of a sudden, impulsive and seemingly unmotivated notion or action." City of Livingston v. Park Conserv.
There are three standards of review: (1) substantial evidence; (2) arbitrary and capricious; and (3) statutory interpretation.
