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
Instant download
Description
Free preview
How to fill out Petition Or Application To Compel Approval Of Matters Submitted After Arbitrary Disapproval By Administrative Agency?
It is possible to commit hours online trying to find the lawful record design that suits the federal and state requirements you need. US Legal Forms provides thousands of lawful varieties that are analyzed by professionals. You can easily obtain or printing the North Carolina Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency from the services.
If you currently have a US Legal Forms bank account, you are able to log in and click on the Obtain option. Following that, you are able to total, revise, printing, or signal the North Carolina Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency. Every lawful record design you get is your own property permanently. To obtain an additional backup of the bought type, go to the My Forms tab and click on the corresponding option.
If you work with the US Legal Forms site for the first time, adhere to the simple guidelines beneath:
- Initially, be sure that you have selected the right record design to the state/area of your choosing. Browse the type information to make sure you have picked out the correct type. If available, take advantage of the Review option to look from the record design also.
- If you want to get an additional edition of the type, take advantage of the Look for discipline to find the design that meets your needs and requirements.
- Upon having identified the design you need, click on Get now to proceed.
- Find the rates prepare you need, type in your qualifications, and sign up for your account on US Legal Forms.
- Comprehensive the purchase. You can use your bank card or PayPal bank account to fund the lawful type.
- Find the format of the record and obtain it to the device.
- Make adjustments to the record if needed. It is possible to total, revise and signal and printing North Carolina Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency.
Obtain and printing thousands of record layouts using the US Legal Forms web site, which provides the biggest assortment of lawful varieties. Use specialist and express-particular layouts to take on your small business or personal requirements.
Form popularity
FAQ
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.