South Carolina Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition

State:
Multi-State
Control #:
US-01691BG
Format:
Word; 
Rich Text
Instant download

Description

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.

A South Carolina Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition is a legal document filed in court to compel an administrative agency or government entity to take action on a pending petition or application. This legal remedy is available when an administrative agency unduly delays or refuses to act on a submitted petition, causing harm or injustice to the petitioner. The primary purpose of filing this petition is to seek a court order, known as a writ of mandamus or mandate, that would compel the agency to fulfill its duty and address the petitioner's request. By doing so, the petitioner aims to obtain a resolution, decision, or outcome from the agency that is legally required or mandated by law. Keywords: South Carolina, petition, application, writ of mandamus, writ of mandate, refusal, administrative agency, act, petition, court order, legal remedy, pending, delay, harm, injustice, duty, resolution, decision, outcome, law. Different types of South Carolina Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition may include: 1. Civil Petition or Application for Writ of Mandamus: This type is filed in situations where the petitioner seeks to compel a civil administrative agency or government entity to take action on a pending petition or application related to civil matters. Examples can include zoning permits, licensing issues, or other civil administrative concerns. 2. Criminal Petition or Application for Writ of Mandamus: This type is applicable when the petitioner is seeking to compel a criminal administrative agency or government entity to act on a pending petition or application that is directly related to criminal matters. It can involve requests for investigations, arrests, charging decisions, or other criminal administrative processes. 3. Environmental Petition or Application for Writ of Mandamus: This type of petition is used when the petitioner wants to compel an environmental or regulatory agency to take action on a pending petition or application related to environmental concerns. It could involve permits, compliance issues, pollution control, or other environmental administrative matters. 4. Licensing Petition or Application for Writ of Mandamus: This type of petition is filed to compel an administrative agency responsible for licensing professionals or businesses to act on a pending petition or application related to licensing matters. It can involve delays or refusals in issuing licenses or processing license-related requests. 5. Health and Safety Petition or Application for Writ of Mandamus: This type focuses on compelling health or safety regulatory agencies to act on pending petitions or applications related to health and safety concerns. Examples can include approvals or denials of permits, inspections, or compliance matters. 6. Employment Petition or Application for Writ of Mandamus: This type is filed to compel an administrative agency responsible for employment matters to act on a pending petition or application related to employment issues. It could involve requests for unemployment benefits, work-related permits, or other employment administrative matters. It is essential to consult with a qualified legal professional to understand the specific requirements and procedures for filing a South Carolina Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition, as they can vary depending on the nature of the petition and the administrative agency involved.

Free preview
  • Preview Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
  • Preview Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition
  • Preview Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition

How to fill out South Carolina Petition Or Application For Writ Of Mandamus Or Mandate For Refusal Of Administrative Agency To Act On Petition?

Have you been in the situation the place you need to have papers for sometimes company or personal uses nearly every working day? There are tons of authorized papers themes available on the net, but finding ones you can depend on isn`t effortless. US Legal Forms provides a large number of kind themes, such as the South Carolina Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition, which can be created in order to meet state and federal requirements.

If you are currently acquainted with US Legal Forms site and get your account, simply log in. Afterward, it is possible to obtain the South Carolina Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition web template.

Unless you provide an account and would like to begin using US Legal Forms, adopt these measures:

  1. Discover the kind you need and make sure it is for the correct area/state.
  2. Take advantage of the Preview option to examine the form.
  3. Browse the information to ensure that you have selected the correct kind.
  4. When the kind isn`t what you`re looking for, take advantage of the Lookup industry to discover the kind that meets your needs and requirements.
  5. When you get the correct kind, just click Buy now.
  6. Select the costs prepare you desire, submit the required details to produce your bank account, and purchase your order with your PayPal or charge card.
  7. Decide on a practical document structure and obtain your copy.

Get all of the papers themes you have bought in the My Forms menu. You can aquire a further copy of South Carolina Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition anytime, if needed. Just go through the required kind to obtain or print out the papers web template.

Use US Legal Forms, one of the most comprehensive assortment of authorized types, to save efforts and avoid mistakes. The service provides expertly created authorized papers themes that can be used for a variety of uses. Generate your account on US Legal Forms and initiate making your life a little easier.

Form popularity

FAQ

Writs of Administrative Mandate (Mandamus) are used to ask a Superior Court to review a decision made by an administrative agency of the government, such as for example the Workers' Compensation Appeal Board, or the Department of Motor Vehicles (DMV). It is not a trial.

A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.

(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.

Writ of mandate. (mandamus) n. a court order to a government agency, including another court, to follow the law by correcting its prior actions or ceasing illegal acts.

Writs of mandate are issued to correct an abuse of discretion or to compel the performance of a lower court for a nondiscretionary duty to act. Writs of prohibition are issued to prevent a threatened judicial act in excess of a court's jurisdiction.

A writ of certiorari which is an ancillary remedy issued for an act already done such as to quash a decision. A writ of mandamus which compels the performance of a public duty.

Mandate refers to the traditional writ, codified in Code of Civil Procedure sections 1085 and 1086, which require the absence of a ?plain, speedy, and adequate remedy? as a basis for extraordinary relief. Mandamus refers to the administrative writ, and it is almost always preceded by the modifier administrative.

A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available. A writ of mandamus is different from an appeal.

Interesting Questions

More info

Apr 19, 2023 — (1) the basis for invoking the jurisdiction of the court; (2) the facts on which the petitioner relies; (3) the nature of the relief sought; and ... An application for an extraordinary writ other than one provided for in Rule 21(a) must be made by filing a petition with the circuit clerk and serving it on ...This case concerns a request for a writ of mandamus to order a lower court judge to apply the amended version of Act No. 434. A writ of mandamus must not be granted or issued from a court or an ... A request for a contested case hearing before the Administrative Law Court must be ... Aug 10, 2023 — To obtain a writ of mandamus, a petitioner must show: (1) a duty of the respondent to perform the act; (2) the ministerial nature of the act; (3) ... The proper pleading form for a writ of mandate is a verified petition. Because ... A fillable form petition for injunctive or mandamus relief under the Act in a ... You must complete this appeal packet and return it to DCVC within 30 days of the date on the denial letter. If you do not return it within 30 days, your request ... Feb 19, 2021 — This advisory provides basic information about filing an immigration-related delay action in federal district court under both the Mandamus Act ... The rights created in this section may be subject to a writ of mandamus, to be issued by any justice of the Supreme Court or circuit court judge to require. Jan 3, 2022 — When the mandate or judgment in question is that of the. Supreme Court, application for the writ must, of course, be made to that Court.”).

Trusted and secure by over 3 million people of the world’s leading companies

South Carolina Petition or Application for Writ of Mandamus or Mandate for Refusal of Administrative Agency to Act on Petition