Sentences with phrase «decisions of administrative agencies»

The «conservatives» who are skeptical of judicial review of legislation, especially on Charter grounds, rally under «the Diceyan banner» — which is also «a flag of hostility to the administrative state» — and thus don't like courts to defer to the decisions of administrative agencies and tribunals.

[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.

Not exact matches

The decision whether to approve the application is left to the state Department of Environmental Conservation commissioner and the Siting Board, an administrative law panel comprised mostly of representatives from state agencies.

Policy decisions of such economic and political magnitude are beyond the pay grade of any administrative agency to make.

• School Expansion, Growth & Strategic Planning • State and Federal Employment Law • School Board and Nonprofit Governance • Administrative Law & Appeals of State and Federal Agency Decisions and Actions • Special Investigations & Legal / Compliance Audits • Policy Guidance and Development • Constitutional Challenges and Claims • School Employee and School Board Training • Litigation in Federal and State Courts • Administrative Hearings and Appeals Before State and Federal Agencies • Public Entity Purchasing and Procurement; Business Transactions; & Contract Negotiation, Review and Drafting • Construction Law, AIA Construction Contracts, Review and Drafting • Real Estate Transactions and Condemnation • Special Education under IDEA and Section 504 • Student Rights & Discipline Issues and Hearings • State and Federal Claims of Discrimination • State and Federal Civil Rights • Administrative Grievances and Hearings • False Claims Act / Qui Tam Defense for Local Government Entities

The Act defines alternative means of dispute resolution as «any procedure that is used to resolve issues in controversy * * *» It defines «issue in controversy» as «an issue which is material to a decision concerning an administrative program of an agency, and with which there is disagreement * * *» The Act requires that each Federal agency adopt a policy that addresses the use of ADR and appoint a Dispute Resolution Specialist.

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.»

On September 30, 2013, Georgia Aquarium filed a lawsuit in the US District Court for the Northern District of Georgia challenging the agency's decision under the federal Administrative Procedure Act as contrary to the MMPA and its implementing regulations and as arbitrary and capricious.

There is no clear indication that Gov. Palin is behind these DEC decisions — on the face it looks like all she has done is sign the administrative order creating the Sub-Cabinet, then depended on her environmental agency leaders (Chapple and Hartig) to make the rest of the decisions.

Administrative appeals ask a court or other reviewing body to overturn, alter, or delay the legal effect of an underlying administrative decision, such as the decision of a local zoning or planning authority, the decision of a state environmental agency on a permit application, or an administrative agency's enforcement order alleging a regulatAdministrative appeals ask a court or other reviewing body to overturn, alter, or delay the legal effect of an underlying administrative decision, such as the decision of a local zoning or planning authority, the decision of a state environmental agency on a permit application, or an administrative agency's enforcement order alleging a regulatadministrative decision, such as the decision of a local zoning or planning authority, the decision of a state environmental agency on a permit application, or an administrative agency's enforcement order alleging a regulatadministrative agency's enforcement order alleging a regulatory violation.

Recognizing the critical importance of judicial tenure, both in substance and appearance, Congress provided special protections for administrative law judges, even as it afforded due deference to the constitutional powers of executive agencies to render final agency decisions.

Justice Thomas also concluded that «the majority's application of administrative preclusion raises serious constitutional concerns,» because allowing an agency decision to have preclusive effect in a later proceeding before a federal court may violate Article III.

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.

In essence, Gorsuch has expressed doubts about the Supreme Court of the United States's Chevron decision, which holds that administrative agencies are owed deference in their interpretations of their home statutes, at least where that statute is ambiguous.

This means that in administering a law or making regulations to aid the administration of laws, a Minister of the Crown or an administrative body such as an agency or tribunal can not make a decision or a regulation that infringes on our Charter rights.

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.

Brief introduction dealing with decisions of government agencies, how tribunals work, the principle of fairness in administrative matters, challenging a decision and participating in public interest matters.

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).

The problem is simply stated as follows: Develop a principled approach to reconcile traditional accounts of the rule of law with the modern reality that administrative agencies and statutory tribunals who do not operate like or resemble the ordinary courts but who nevertheless occupy a large amount of space in our legal system and can not avoid making legal determinations in exercising their statutory duties which often implicate individual rights and interests to a greater extent than judicial decisions.

Kelsey is also involved in matters pertaining to ADA issues and licensure and other administrative decisions of state regulatory agencies.

The five Supreme Court justices hear appeals of decisions over all matters decided in the circuit courts, including criminal convictions affirmed on appeal from magistrate court and appeals from administrative agencies.

A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies.

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.

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..

In terms of how the term «any person» should be interpreted, though, she does not think the Ontario Court of Appeal decision applies to deciding who can complain to an administrative agency.

Criminal appeals grew 12 percent, appeals of administrative agency decisions climbed 11 percent, and bankruptcy appeals rose 19 percent.

Practice and Procedure Before Administrative Tribunals: This unique guide on administrative agencies and how they operate provides in - depth analysis of substantive legal issues and practical guidance on how to do the myriad tasks involved in modern administrative decision - making and ageAdministrative Tribunals: This unique guide on administrative agencies and how they operate provides in - depth analysis of substantive legal issues and practical guidance on how to do the myriad tasks involved in modern administrative decision - making and ageadministrative agencies and how they operate provides in - depth analysis of substantive legal issues and practical guidance on how to do the myriad tasks involved in modern administrative decision - making and ageadministrative decision - making and agency operation.

Climate - related litigation is a reality, particularly in the United States where action has been taken against private companies, administrative decisions and government agencies... In relation to the impacts on Indigenous peoples, in February 2008 the Alaskan native village of Kivalina filed a lawsuit against a number of oil, coal and power companies for their contribution to global warming and the impacts on homes and country disappearing into the Chukchi Sea.

Parents are provided with documentation of the Agency's decision and are given the opportunity to request either a fair hearing, or an administrative review of the decision.

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.