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.
Ohio Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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Administrative agencies adopt, amend and repeal regulations under the authority granted to them by either constitutional provisions or statutes. Unless the Legislature has created an exemption, agencies must follow the procedures in the Administrative Procedure Act when adopting, amending or repealing regulations.
Still, courts may only invalidate agency actions when they are found to be arbitrary, capricious, or an abuse of discretion.
If a statute, ordinance, or regulation violates the federal constitution, state and local administrative agencies and officials must be permitted to decline to enforce such provisions notwithstanding Article III, Section 3.5 of the California Constitution.
The Ohio Administrative Procedure Act (?Act?) is found in Title 1, Chapter 119 of the Ohio Revised Code Annotated. A rule or amendment adopted, or rescinded by any agency without complying with the provisions of the Act will be considered invalid.
[i] A violation of the rules and regulations promulgated by administrative bodies may be considered a criminal violation. An administrative rule does not prescribe criminal penalties. However, if it has the force of law, it may be incorporated into a penal law which provides that a violation of the rule is a crime.
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.
What action will an agency take after conducting research into various alternatives to meet the objectives of its enabling statute? Agencies must publish public notice of its proposed rules, including: the actual terms, substance, and description of the rule.