New Jersey 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.

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FAQ

The OAL implements the Administrative Procedure Act, N.J.S.A. B-1 et seq., advising executive branch agencies on how to make rules and requiring the agencies to follow statutorily prescribed steps in rulemaking.

The New Jersey 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 New Jersey. It can be found in Title 52, Chapter 14B of the New Jersey Statutes.

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 ...

The New Jersey 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 New Jersey. It can be found in Title 52, Chapter 14B of the New Jersey Statutes.

The arbitrary, capricious and unreasonable standard of review imposes a heavy burden on challengers of board actions. This standard has been defined by New Jersey courts as follows: In the law, ?arbitrary? and ?capricious? means having no rational basis.

Decisions made by agencies are more likely to be reversed than to be accepted by the court on appeal. As Courts now tend to accept an agency's reasonable interpretation of a statute involving a technical matter, even though it was not the only interpretation that could have been made.

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 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 ...

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