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.
District of Columbia Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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How to fill out Petition Or Application To Compel Approval Of Matters Submitted After Arbitrary Disapproval By Administrative Agency?
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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 ...
