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

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Multi-State
Control #:
US-01691BG
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Word; 
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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.

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  • 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

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FAQ

The petition for review is filed in the appellate court. An appeal is a review by the supreme court or court of appeals to determine if the administrative agency made a legal mistake.

Step 1: File the Notice of Appeal. Step 2: Pay the filing fee. Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. Step 4: Order the trial transcripts.

The losing party usually has the right to appeal a federal trial court decision to a court of appeals. Similarly, decisions made by most federal administrative agencies are subject to review by a court of appeals.

Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.

Usually, the agency will have all three kinds of power: executive, legislative, and judicial. (That is, the agency can set the rules that business must comply with, can investigate and prosecute those businesses, and can hold administrative hearings for violations of those rules.

In California, when an individual or business disagrees with a government agency's action, that action can be challenged. This is done by asking the agency for an administrative hearing. Administrative law hearings are less formal than court-room trials. Administrative law judges (ALJs) run the hearings.

If you don't agree with the ALJ's decision, you may appeal it to the CUIAB Appeal Board with a simple letter at no cost to you, but you have to mail it or deliver it in person to the local CUIAB office no later than 20 days from the mailing date stamped at the bottom of the decision.

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