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.
Tennessee Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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FAQ
Administrative law judges. Administrative law judges (ALJs) serve as independent, impartial triers of fact in formal proceedings requiring a decision on the record.
A judicial review takes another look at a decision or order made by an administrative body. This review helps make sure the administrative body has been fair, reasonable, and lawful.
The Tennessee 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 Tennessee. It can be found in Title 4, Chapter 5 of the Tennessee Code.
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.
Who can ask the court to review a decision of the Board? Both the complainant (who is sometimes called an applicant, depending on the type of matter filed with the Board) and the respondent can ask the Federal Court of Appeal to review the Board's decision and file an Application for Judicial Review.
In Canada, judicial review is the process that allows courts to supervise administrative tribunals' exercise of their statutory powers. Judicial review of administrative action is only available for decisions made by a governmental or quasi-governmental authority.
Under the Constitution, courts can make sure administrative decision-makers follow the rules. They do this through a process called ?judicial review.? When a court looks at an administrative decision, it applies a certain ?standard of review.? The standard of review is the legal approach to analyzing the decision.
Administrative law judges (ALJs) run the hearings. They are neutral judicial officers who conduct hearings and settlement conferences. If you do not win, you can ask the superior court to review the hearing decision.