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.
Utah Petition or Application to Compel Approval of Matters Submitted After Arbitrary Disapproval by Administrative Agency
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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.
ADMINISTRATIVE LAW - ADMINISTRATIVE PROCEDURE ACT - STANDING To CHALLENGE AGENCY ACTION REQUIRES A SHOWING THAT THE PLAINTIFF HAS SUFFERED INJURY IN FACT TO A PROTECTED INTEREST FROM THE FACE OF THE PARTICULAR STATUTORY PROVISION ALLEGEDLY VIOLATED, OR WHEN PROTECTIVE INTENT Is CLEAR FROM ITS LEGISLATIVE HISTORY.
If you do not win, you can ask the superior court to review the hearing decision. This is called a writ of mandate. You may contact the agency that you are having a problem with and ask how to review the agency's action. A list of agencies and their web sites appear at the end of this discussion.
'? Standing limits participation in lawsuits and asks whether the person(s) bringing a lawsuit, or defending one, has enough cause to ?stand? before the court and advocate, since not anyone can go to court for any reason. To have standing, a party must show an ?injury in fact? to their own legal interests.
Still, courts may only invalidate agency actions when they are found to be arbitrary, capricious, or an abuse of discretion.
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.
ADMINISTRATIVE LAW - ADMINISTRATIVE PROCEDURE ACT - STANDING To CHALLENGE AGENCY ACTION REQUIRES A SHOWING THAT THE PLAINTIFF HAS SUFFERED INJURY IN FACT TO A PROTECTED INTEREST FROM THE FACE OF THE PARTICULAR STATUTORY PROVISION ALLEGEDLY VIOLATED, OR WHEN PROTECTIVE INTENT Is CLEAR FROM ITS LEGISLATIVE HISTORY.