As a result, any and
all decision by administrative agencies will be litigated under de novo review in circuit court and again at the appeals court.
Not exact matches
«It was an
administrative decision taken
by the UK Border
Agency, and so they should,» he said.
«It was
administrative decision taken
by the UK border
agency, and so they should,» he told the BBC's This Week.
The General Attorney occupation covers professional legal positions involved in preparing cases for trial and / or the trial of cases before a court or an
administrative body or persons having quasi-judicial power; rendering legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal Government
agency (this may include conducting investigations to obtain evidentiary data); preparing interpretative and
administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law; drafting, negotiating, or examining contracts or other legal documents required
by the
agency's activities; drafting, preparing formal comments, or otherwise making substantive recommendations with respect to proposed legislation; editing and preparing for publication statutes enacted
by Congress, opinions or discussions of a court, commission, or board; drafting and reviewing
decisions for consideration and adoption
by agency officials.
Section 8 states: «
Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to
agency discretion, and may not be reviewed
by any court of law or any
administrative agency.»
That case concerned a
decision by the
Agency's predecessor, the Board of Railway Commissioners, a statutory court endowed, like the
Agency, with legislative and
administrative powers.
The job of the court is to review the
administrative proceedings to ensure that the
agency proceeded in accordance with the law, that the employee received a fair trial with the
agency, and that the
agency's
decision is supported
by the evidence and findings.
Individuals denied a professional license
by a California
administrative agency, board, bureau or department have the right to contest the
decision.
As Judge Nancy Gertner highlighted in her Mueffleman
decision (available here), in the federal system the major
decisions about the imposition of punishment have been made
by Congress and the Sentencing Commission (an
administrative agency).
Under fire
by members of Congress for holding in - house proceedings where the
agency always wins, the Federal Trade Commission has delayed issuing a competition - related
administrative decision.
Judicial
decision - making provides five advantages not adequately provided
by administrative agencies: (1) a clear and exact burden of proof; (2) an opportunity to rigorously test the evidence for accuracy, integrity, and persuasiveness; (3) a thorough debate as to the correct interpretation and application of the law for the issues and evidence involved; (4) a
decision by a truly impartial and competent adjudicator; and, (5) the right to a jury trial, in situations allowed
by law.
[2] The first article was Freedom of Information, Privacy, and Adjudicative
Agencies in Ontario: Unresolved Issues and Emerging Concerns, (2006) 31 Adv. Q. 1, followed
by Personal Information in the Adjudicative
Decisions of
Administrative Agencies: An Argument for Limits, (2008) 34 Adv. Q. 1.
Following the introductory section to the U.S. Code's chapter on judicial review of
administrative agency decisions (5 U.S.C. Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion
by law.
Rules of Procedure for
Administrative Appeals: These rules govern the procedures in all circuit courts for judicial review of final orders or
decisions from an
agency in contested cases that are governed
by the
Administrative Procedures Act, W. Va..
Denial of an application for assistance or of a request for the continuation of adoption assistance may be appealed
by the adoptive parent (s) or
by the
agency submitting the application
by requesting an
administrative review of the case and the
decision.
Adoptive families may request an
administrative fair hearing whenever there is a disagreement with an
agency decision affecting their child's adoption assistance benefits, adverse action to the child's current assistance, or a request made
by the family is denied.
If the parents continue to be dissatisfied with the
decision after the conference, they may request an
administrative review
by the
agency hearing officer.