Legal Question in Business Law in California

Re: Constitutional Rights

The question can't be answered without more facts. Government agencies' powers to give or deny permits fall into two categories, ministerial and discretionary.

If the power is deemed ministerial, e.g. issuing a marriage license, if you meet the statutory requirements (age, residency, etc.) you must be issued the permit, license or whatever.

If, on the other hand, the agency's power in the matter is deemed discretionary (e.g., to authorize the labeling and sale of a particular drug for a particular disease, or finding an applicant of suitably good character to receive a casino license), you would have a much more difficult lawsuit in front of you because you would have to show abuse of discretion, and courts are very protective of agency powers.

Successful applications for product approval are usually prepared and prosecuted by attorneys and other professionals who know the ins and outs of the particular agencies. If you are having difficulty, it could be because you are trying to do yourself what really needs to be done for you by people who know how to prepare and present appilcations to that agency. Sorry to say so, but that's the way bureaucracies operate.