Maryland | Administrative Law
Legal Question
Admin law
What statue allows a person to appeal a final decision of a federal agency to a federal court?
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Legal Answer
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Read More Answered By: G. Joseph Holthaus III |
Re: Admin law Kindly resubmit your question with details as to the type of legal matter, that is whether it is bound in contract, employment, regulatory/enforcement, or otherwise.
Some administrative decisions are not appealable by statute. Without knowing the particular legal issue this cannot be determined. All administrative remedies need to be pursued prior to being granted a hearing in court, if available. Exceptions of administrative exhaustion exist where such is waived by the agency, excused by the court, or if your case involves a Constitutional issue.
In order to prevail you must show that the administrative decision was unreasonable, unlawful, arbitrary, unsupported, or wrong. In most cases the court will accept evidence on the record, and new evidence and witnesses are usually not allowed.
The predominant issue is showing that the agency acted in violation of its own procedures or acted unlawfully, and the reviewing court may reverse, modify, vacate, or remand the agency's decision. Through a writ of mandamus the court can also issue a mandate requiring the agency to issue a certificate, comply with a statute or regulation, or conduct proceedings.
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