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.
Oregon Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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The agency's decisionmaking process?it must not be of a merely tentative or interlocutory nature. And second, the action must be one by which rights or obligations have been determined, or from which legal consequences will flow.? Bennett v.
One consequence of this distinction is that the rules that independent agencies promulgate may not be reviewed by the president or his staff?only Congress may directly overrule them?whereas the White House or officials in the various cabinet departments may oversee the work of the agencies contained within them (unless ...
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.
ADMINISTRATIVE LAW - ADMINISTRATIVE PROCEDURE ACT - STANDING To CHALLENGE AGENCY ACTION REQUIRES A SHOWING THAT THE PLAINTIFF HAS SUFFERED INJURY IN FACT TO A PROTECTED INTEREST FROM THE FACE OF THE PARTICULAR STATUTORY PROVISION ALLEGEDLY VIOLATED, OR WHEN PROTECTIVE INTENT Is CLEAR FROM ITS LEGISLATIVE HISTORY.
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.
Generally, the burden of proof in administrative hearings is preponderance of the evidence. This standard is different from the beyond a reasonable doubt standard in criminal trials. For evidence to meet this burden, it must be probative and reliable.
Still, courts may only invalidate agency actions when they are found to be arbitrary, capricious, or an abuse of discretion.
An agency's own regulations can provide ?law to apply.? That is, where a party challenges the agency's compliance with its own regulations, regulatory as opposed to statutory criteria may provide legal standards against which a court can measure the lawfulness of agency action.
