Tag: judicial-review

Administrative agency decision appeals differ from regular appeals. Before deciding to appeal, it’s important to check if you have the right to appeal. You can appeal if the agency’s decision has directly affected you and if the decision is final. The decision to appeal should be carefully considered, taking into account the facts, laws, and…

The legal standard of review for local government decisions is really important because it determines whether the decision is upheld or not. The main standard is the rational basis test, which says that government decisions should be upheld if they are made in a good-faith and defensible manner. However, even this standard doesn’t protect decisions…

When it comes to challenging decisions made by local government agencies, not all agencies are treated the same. For some agencies, you have to file a petition for certiorari to challenge their decisions, but for others, you can file a direct appeal. This distinction is often overlooked by lawyers and judges, leading to improper judicial…

The agency deference doctrine is a rule in administrative law that says courts have to respect how agencies understand laws and rules. But some courts and lawmakers have been saying this rule isn’t good anymore and have been not following it in some cases. Some people are even trying to make a law that would…

In the case of Murciano, the Agency for Health Care Administration and an administrative law judge disagreed over certain findings of fact. The agency filed a petition with the First District Court of Appeal, but the court suggested it would have been more appropriate to seek judicial review through a different process. Ultimately, the court…