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

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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.

The North Carolina Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency is a legal tool that allows individuals or organizations to challenge the decisions of administrative agencies in the state of North Carolina. This petition/application is specifically designed to address situations where an administrative agency has arbitrarily rejected or disapproved a submission without valid justification, causing harm or hindering the petitioner's interests. Keywords: North Carolina, Petition, Application to Compel Approval, Matters Submitted, Arbitrary Disapproval, Administrative Agency, legal tool, challenge decisions, state, rejection, disapproval, valid justification, harm, petitioner's interests. Types of North Carolina Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency: 1. Employment Petition: This type of petition/application can be used by individuals who have been unfairly rejected for employment opportunities by an administrative agency without reasonable cause. 2. Business License Petition: If an administrative agency has arbitrarily denied a business license application without proper justification, individuals or organizations can file a petition to challenge this decision and seek approval. 3. Construction Permit Petition: This petition/application can be utilized when an administrative agency has arbitrarily disapproved a construction permit, causing delays or financial losses to the petitioner. It helps compel the agency to reconsider its decision and approve the permit. 4. Environmental Compliance Petition: When an administrative agency rejects or disapproves measures or plans related to environmental compliance without reasonable grounds, individuals or environmental organizations can file this petition to compel the agency to reconsider and approve the proposed actions. 5. Education Petition: In cases where an administrative agency arbitrarily denies an education-related application or proposal, such as school accreditation or funding requests, individuals or educational institutions can submit a petition/application to compel approval. 6. Health and Safety Petition: If an administrative agency disapproves health-related permits, certificates, or proposals without valid justification, individuals or organizations can use this petition to challenge the decision and seek approval. 7. Zoning and Land Use Petition: This type of petition/application can be filed when an administrative agency arbitrarily denies zoning permits or land-use proposals, hindering development or restricting the rights of property owners or developers. It seeks to compel the agency to reconsider and approve the desired actions. By utilizing the North Carolina Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency, individuals and organizations can seek a fair review of their submissions and challenge arbitrary decisions made by administrative agencies in these various areas.

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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.

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How to fill out Wake North Carolina Petition Or Application To Compel Approval Of Matters Submitted After Arbitrary Disapproval By Administrative Agency? (a) Petition. - A person may petition an agency to adopt a rule by submitting to the agency a written rule-making petition requesting the adoption. A person ...by JP Cole · 2016 · Cited by 11 — This report offers a brief overview of important considerations when individuals bring a lawsuit in federal court to challenge agency actions, ... Once the Petition has been filed, it is given a case number and assigned to an Administrative Law Judge (ALJ). The case number will appear in the. This Court has jurisdiction over this action under North Carolina law, which provides that "any party or person aggrieved by the final decision in a contested ... (4) Complaint - a formal pleading filed in the name of the North Carolina State Bar in the superior court against a person, firm or corporation after a finding ... by SH Ludington · 2013 — If a petitioner wishes to present additional evidence, and “the court is satisfied that the evidence is material to the issues, is not merely cumulative, and. Federal and state agency regulatory actions, and litigation challenging them, are key drivers of environmental law and policy in the United States. Feb 8, 2021 — ”159 The court must base its decision on the administrative record compiled by the agency and submitted for review; a reviewing court may. The Court of Appeals has held that the petition must be actually filed by the 60-day deadline, not just mailed. See Huntington Manor of Murphy v. North ...

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