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District of Columbia Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency

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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.


Keywords: District of Columbia, petition, application, compel approval, matters, arbitrary disapproval, administrative agency. The District of Columbia Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency is a legal procedure provided under District of Columbia law that allows individuals or entities to challenge the arbitrary disapproval of their submitted matters by an administrative agency. In instances where an individual or entity has submitted a matter to an administrative agency for approval, such as a license application, permit, or any other request, they may face the situation where their submission is unreasonably disapproved by the agency. This arbitrary disapproval can have negative consequences and hinder the progress or plans of the petitioner. To address this issue, the District of Columbia Petition or Application to Compel Approval provides a mechanism for the petitioner to seek a review of the administrative agency's decision through the D.C. court system. By filing a petition or application, the petitioner requests the court to compel the administrative agency to reconsider and ultimately approve their submitted matter. This legal recourse aims to ensure a fair and unbiased decision-making process in administrative matters. It is important to note that the specific types of matters and administrative agencies eligible for this petition or application may vary. District of Columbia law recognizes that arbitrary disapproval can occur in various contexts, such as zoning, permits, licenses, contracts, or any other administrative decision. Therefore, the District of Columbia Petition or Application to Compel Approval can be tailored to different types of administrative processes and agencies. Some key variants or types of the District of Columbia Petition or Application to Compel Approval, based on the specific administrative matter involved, could include: 1. Zoning Petition or Application to Compel Approval: Used when challenging the arbitrary disapproval of zoning requests, such as zoning variances or changes to land use designations. 2. Licensing Petition or Application to Compel Approval: Filed to challenge the arbitrary disapproval of license applications, including professional licenses, business permits, or specific activity/operation permits. 3. Contracting Petition or Application to Compel Approval: Applicable when disputing the arbitrary disapproval of contracts by an administrative agency, such as government contract bids or proposals. 4. Permitting Petition or Application to Compel Approval: Utilized to challenge the arbitrary disapproval of permits required for specific activities, constructions, or improvements within the District of Columbia. In summary, the District of Columbia Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency provides a legal avenue for challenging the arbitrary disapproval of various administrative matters. By using this petition or application, the petitioner seeks court intervention to compel the administrative agency to reconsider and ultimately approve their submission. The specific types of petitions may vary based on the type of administrative matter involved.

Keywords: District of Columbia, petition, application, compel approval, matters, arbitrary disapproval, administrative agency. The District of Columbia Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency is a legal procedure provided under District of Columbia law that allows individuals or entities to challenge the arbitrary disapproval of their submitted matters by an administrative agency. In instances where an individual or entity has submitted a matter to an administrative agency for approval, such as a license application, permit, or any other request, they may face the situation where their submission is unreasonably disapproved by the agency. This arbitrary disapproval can have negative consequences and hinder the progress or plans of the petitioner. To address this issue, the District of Columbia Petition or Application to Compel Approval provides a mechanism for the petitioner to seek a review of the administrative agency's decision through the D.C. court system. By filing a petition or application, the petitioner requests the court to compel the administrative agency to reconsider and ultimately approve their submitted matter. This legal recourse aims to ensure a fair and unbiased decision-making process in administrative matters. It is important to note that the specific types of matters and administrative agencies eligible for this petition or application may vary. District of Columbia law recognizes that arbitrary disapproval can occur in various contexts, such as zoning, permits, licenses, contracts, or any other administrative decision. Therefore, the District of Columbia Petition or Application to Compel Approval can be tailored to different types of administrative processes and agencies. Some key variants or types of the District of Columbia Petition or Application to Compel Approval, based on the specific administrative matter involved, could include: 1. Zoning Petition or Application to Compel Approval: Used when challenging the arbitrary disapproval of zoning requests, such as zoning variances or changes to land use designations. 2. Licensing Petition or Application to Compel Approval: Filed to challenge the arbitrary disapproval of license applications, including professional licenses, business permits, or specific activity/operation permits. 3. Contracting Petition or Application to Compel Approval: Applicable when disputing the arbitrary disapproval of contracts by an administrative agency, such as government contract bids or proposals. 4. Permitting Petition or Application to Compel Approval: Utilized to challenge the arbitrary disapproval of permits required for specific activities, constructions, or improvements within the District of Columbia. In summary, the District of Columbia Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency provides a legal avenue for challenging the arbitrary disapproval of various administrative matters. By using this petition or application, the petitioner seeks court intervention to compel the administrative agency to reconsider and ultimately approve their submission. The specific types of petitions may vary based on the type of administrative matter involved.

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FAQ

Under the APA, a rule can be challenged in court on the basis that it is arbitrary, capricious, an abuse of discretion; contrary to the Constitution or a statute; or the agency failed to follow required legal procedures.

Agency action under the APA ?includes the whole or a part of any agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act.? 5 U.S.C. § 551(13) (2012).

APA categorizes administrative functions into formal and informal rulemaking and adjudication, which have binding effects, as well as guidance, which has no binding effect. The APA further prescribes certain procedural rules by which the agencies need to follow before acting in one of the functions listed.

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.

The Administrative Procedure Act (APA) governs the process by which federal agencies develop and issue regulations. It includes requirements for publishing notices of proposed and final rulemaking in the Federal Register, and provides opportunities for the public to comment on notices of proposed rulemaking.

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 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.

The APA requires that the notice of proposed rulemaking include "(1) the time, place, and nature of public rulemaking proceedings; (2) reference to the legal authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved."11 ...

More info

§ 2–510. Judicial review. ... (E) Unsupported by substantial evidence in the record of the proceedings before the Court. (b) In reviewing administrative orders ... (a) Denial by a public body of a request for any public record shall contain at least the following: ... Documents to be filed in the District of Columbia Office ...How to fill out Petition Administrative Application? Aren't you tired of choosing from numerous templates every time you want to create a Petition or ... by JP Cole · 2016 · Cited by 11 — This report offers a brief overview of important considerations when individuals bring a lawsuit in federal court to challenge agency actions, ... Any petition for review under this subsection shall be filed within sixty days from the date notice of such promulgation, approval, or action appears in the ... (c) RESPONSE TO THE APPLICATION. The District of Columbia may file a response within 14 days after service of the application. (d) REVIEWING THE APPLICATION. (iv) A district court of the United States shall not have jurisdiction to review an agency denial of expedited processing of a request for records after the. Sep 29, 2022 — (1) A petition for review of action of the Administrator in promulgating any national primary or secondary ambient air quality. —Before an agency may finalize any covered discretionary administrative action, the head of the agency shall submit to the Director for review written notice ... Apr 16, 2023 — Air Act (CAA or the Act), the. Environmental Protection Agency (EPA or the Agency) is finalizing the disapproval of State Implementation.

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District of Columbia Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency