Questions tagged [administrative-law]

Branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large.

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How many separate judicial systems are there in the United States?

At minute 17:30 of this video https://www.youtube.com/watch?v=lJOpSkyBl2Y the lecturer claims there are 51 separate court systems. But I count at least 52: 50 states, the federal system, and ...
LMR's user avatar
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8 votes
1 answer
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What procedures are in place in the US for when multiple people in the line of succession are in the same place at the same time?

What are the governmental procedures in the United States for important people (people in the chain of succession to the presidency) staying in the same place? Who can and who cannot fly together, etc....
user1785960's user avatar
1 vote
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Florida: what is the deadline to appeal a decision by a state agency, and what is the venue?

I wish to file an appeal for a decision issued by an enforcement agency (1). Which section of Chapter 120 if any specifies the timeline? I skimmed through the chapter and did not find it. I thought ...
Erwann's user avatar
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Difference between a Software Developer and Software Consultant in Europe + Legal Responsibility for software use

Background information I am currently working for an Italian company (Company A) as a freelance based in Italy: my service consists in developing a piece of software which implements a machine ...
Andrea's user avatar
  • 101
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1 answer
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APA vs. tort comparison

Any suggestions on where to find a detailed side-by-side comparison of the Administrative Procedures Act use versus the use of tort law for federal agency cases? Thanks for suggestions. Searching on ...
Eliza's user avatar
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1 vote
1 answer
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Can you sue a state government administrative agency for breaking the law it's supposed to implement?

The agency I'm interested in is the Virginia Employment Commission, and the law is the Virginia Unemployment Compensation Act, but the question is also more generic. My understanding is that the state ...
Brent Baccala's user avatar
1 vote
1 answer
41 views

May the State Department make a redetermination under 8 USC § 1182(a)(2)(G)?

Once the State Department makes a determination that a person is an "alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, ...
Jen's user avatar
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What law provides for asylum cases to proceed while IJ may move to close a case administratively on the basis of T-visa or other relief being sought?

Alice enters the U.S. and files for asylum with a case bound to prevail. However, while waiting to be interviewed, she gets kidnapped, and afterwards trafficked for labor and sex while continuously ...
curious_pie96's user avatar
2 votes
1 answer
139 views

If a power is given to a public body unlawfully, can the public body use that power?

The premise to the question is: A Secretary of State introduces a Regulation, granting a power to a public body. The Regulation is ultra vires - the Secretary of State did not have the power to ...
whispersan's user avatar
2 votes
2 answers
185 views

A tourist can request political asylum?

Some countries like Uruguay accept political asylum request ONLY if the person enters the country illegally, for those with tourist visa they have a way more complex mechanism. But generally speaking, ...
Aram Alvarez's user avatar
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1 answer
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Is the U.S. Dep't of State yearly Report on Human Rights Practices deemed part of the record by the operation of law or you must cite it?

The reports are lengthy, ranging between ca. 20-70 pages for a particular country, and the greatest use of it is to draw an inference from the admissive assertion relative generally to torture and ...
unrefoulerer's user avatar
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1 answer
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Does the decision against Grenoble mean that Rennes would also have to reimpose their burkini ban in public swimming pools?

According to latest news someone (possibly the central French government, although that's not terribly clear) won a legal challenge against the city of Grenoble, which had recently lifted their ...
Dolphin 613 Motorboat's user avatar
0 votes
2 answers
59 views

Significance of the organized/unorganized attribution of US territories

Reading articles re US territories, two terms are given significant (e.g are in the heading chapter AND sidebar header of relevant Wikipedia article) reference: Incorporated/Unincorporated and ...
grunt's user avatar
  • 101
12 votes
3 answers
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What does an administration need to show in court so that its change-of-policy decisions are not judged "arbitrary and capricious"?

Regarding a recent SCOTUS decision on the "remain in Mexico" program, I've read that: The Supreme Court on Tuesday said the Biden administration likely violated federal law in trying to end ...
Dolphin 613 Motorboat's user avatar
1 vote
1 answer
110 views

Alabama: College refusing to award Minor due to unclear/vague wording in policy

Location: Alabama, USA. I have recently completed all coursework required for my degree, including a cluster in (name changed) Basketweaving. A cluster consists of 6 specified courses (it is ...
blackbrandt's user avatar
3 votes
1 answer
256 views

How Many Days After the Comment Period Could You Expect a Proposed Rule to become a Fully-Implemented Final Rule?

When a Proposed Rule is issued by a United States government agency, and the rule is in the Comment Period, how long does it take for the Final Rule to be implemented after the Comment Period has ...
James Hart's user avatar
3 votes
1 answer
65 views

Interpretation of "and" for conditions on when a law applies to a person

My question is also about this legal language structure in general: "This law applies to a person if they X and Y." I read this as a strict and, that the law applies only if the person ...
jdods's user avatar
  • 133
2 votes
2 answers
83 views

Austrian Law about requesting documents not originally required

Are the Authorities in Austria, allowed to ask for additional documents that they did not previously specify, when one applies for a visa? For example, when applying for the post-Brexit EUV 50 card (i....
tom's user avatar
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3 votes
2 answers
62 views

Do any countries have effective policies that bolster common convention and the rule of law itself?

In the United States, we have a problem where a certain individual continues to flout long-held common convention, safeguards against autocratization, and even several very old and cherished laws that ...
Carduus's user avatar
  • 439
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2 answers
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Due process and Board decisions

Say an occupational licensing board in a US state denies an applicant, and then he follows their appeal process and had a hearing before a hearing officer who is not a member of the board. The hearing ...
David's user avatar
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-5 votes
2 answers
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Is a person files a complaint against someone in an organization, is that person usually prohibited from further communication with them?

If someone in an organization files a complaint against someone else, let's say a superior (but even a colleague), is that person prohibited from further communication with the complainant? Edited to ...
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0 votes
1 answer
413 views

What is the difference between competent, material, and substantial evidence?

In Michigan, and perhaps in other states too, an appellate court will uphold the facts found by an administrative agency if the facts are supported by competent, material, and substantial evidence. ...
Daniel Patru's user avatar
2 votes
1 answer
85 views

Is it legal to perform communication with authorities for money in Germany?

I've gone through some processes of communcation with the register of associations and noted that there's no clarity of the process except for law texts and obscure forum posts. I thought, I'd would ...
Kalle Richter's user avatar
-1 votes
2 answers
77 views

Could the administration justify a rescission of DACA with being anti-Latino?

Let's assume that the Supreme Court will let stand the lower courts' decisions: That rescinding DACA for the bare-bones reason that it is illegal does not meet the criteria laid out in the ...
Peter - Reinstate Monica's user avatar
2 votes
2 answers
109 views

Does nulidad de pleno derecho cause effects ex tunc?

spain Does nulidad de pleno derecho1, 2 cause effects ex tunc? 1: I don’t know the translation. 2: See also art. 6 of Real Decreto de 24 de julio de 1889 por el que se publica el Código ...
27096's user avatar
  • 61
1 vote
1 answer
263 views

Can the US President exercise a power via Twitter?

My understanding is that senior government officials usually exercise powers by recording their decision to do so, such as by sending an email or signing a piece of paper. For example, the US ...
Patrick Conheady's user avatar
5 votes
4 answers
313 views

Can the FD&C conflict with the CFR?

Page 77 of the textbook Vaccines states: The Food, Drug and Cosmetic Act (Section 502[e][1][A][iii]) states that all inactive ingredients should be noted in labeling; it also states that this ...
Barry Harrison's user avatar
0 votes
1 answer
77 views

PERB Citation Elements

What does the following mean exactly? (Matter of Freeport Union Free Sch. Dist. [Freeport Educ. Off. Assn.], 31 PERB ¶ 4021 [1998]) From part 1.1 of the NYS Law Reporting Style Manual, I see a ...
Sean DeNigris's user avatar
3 votes
2 answers
234 views

Legally, what agreement is entered into when posting a letter (in Germany)?

I am interested in what laws, either explicit or implicit, cover the delivery of a letter in Germany. I would imagine that if I accurately address a letter that contains content which is permitted, I ...
Neil Tarrant's user avatar
1 vote
0 answers
62 views

Handover admin right on google business

After a rough year building a startup, the CEO decided to ask me, the CTO, to not work anymore, we did not get along at all. I still own shares of the company and we were working with legal on buying ...
gerar's user avatar
  • 13
0 votes
1 answer
160 views

Do any states provide legal authority for administrative agents to perform official state actions when they are "not working"?

Context: A state OSHA compliance officer drives onto private property in an unmarked vehicle, exits their vehicle, announces "who's in charge?", then states that they are "not working"; that they just ...
guest271314's user avatar
3 votes
1 answer
248 views

Why does "Day 1" of the 20-day response time limit for FOIA requests begin the day AFTER agency receipt of a request?

Why does "Day 1" of the 20-day response time limit for FOIA requests begin the day AFTER [the proper component in an] agency receives a perfected request? I understand that under Rule 6 of the ...
Custom Soundtrack's user avatar
5 votes
2 answers
4k views

What international body would one go to file a case against Australian Immigration?

I have a situation with Australian immigration that sounds like a cheap scam... Immigration process goes as follows, you submit documents to one of agencies that are appointed by the Australian ...
pom's user avatar
  • 436
1 vote
1 answer
162 views

Does paying a fee, even under protest, waive all right to contest its assessment?

If a government charges taxes or fees for a service, that a citizen believe it is not allowed to charge, and the citizen protests but pays the fee pending judicial review in order to mitigate damages, ...
WBT's user avatar
  • 4,868
1 vote
2 answers
125 views

Studying abroad - penalty clause

Some countries provide grants for their citizens to study abroad on the condition that the student will return to work in the country after graduation. For example, the Thai government offers such ...
octopus's user avatar
  • 153
2 votes
2 answers
708 views

Abuse of power / official capacity / misuse of authority etc financial damage minimum?

A bit of context: Recently the Romanian Justice Ministry signed a executive order to change the penal code decriminalizing "abuse of power" if the damage is less than 200000 RON (Aprox: 50.000 USD / ...
Sorin's user avatar
  • 121
0 votes
1 answer
38 views

May I publish hearing documents in a book and on the web?

I have been involved, pro se, in a special education impartial hearing on behalf of my son. I would like to publish some parts of the hearing documents in articles on the web and in a book. Is that ...
aparente001's user avatar
0 votes
1 answer
502 views

What does "electronic verbatim record" mean?

What does "electronic verbatim record" mean, and how is it different from "written" in the following: (v) A written or, at the option of the parents, electronic verbatim record of the proceedings ...
aparente001's user avatar
0 votes
3 answers
260 views

In the US if there's loophole in a CFR does it go to the challenger?

I was wondering if a loophole in a where a law says "must" and not "must meet all" can be used to get bend the law in your favor. example: (a) Eligibility for consideration. To be eligible to ...
person's user avatar
  • 193
0 votes
1 answer
29 views

Survivability of Definitions from One Letter to the Next

If I have defined a set of terms in a letter to a person at a state agency, and then I send a second letter to the same person to follow up on a related, but more specific matter which requires use of ...
user913304's user avatar
10 votes
2 answers
2k views

Could Executive Order 9066 be repeated with other groups today?

In World War II, Executive Order 9066 suspended basic rights of Japanese Americans - even people whose loyalty to the United States was never questioned, though the government feared the group as a ...
WBT's user avatar
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2 votes
2 answers
275 views

In what states is it legal for an admin to read email on a server or Google Apps Account?

There is a scenario wherein some questionable activity has take place by a member of an organization. The administrator of the organization's Google Apps account was able to retrieve this user's ...
ylluminate's user avatar
0 votes
1 answer
92 views

Joke Website / Funny Website repercussions

I have made a funny site not really trying to be serious, which may involve hitting your head on a wall. I state this is a joke, and not meant to be taken seriously. But I'm just trying to cover my ...
Eric ERK's user avatar
  • 177
2 votes
2 answers
304 views

Offense that was expunged still showing up

A friend of mine (yes, I'm aware of how that sounds, but it's true) had a felony expunged from his record 10 years ago. Recently when getting screened for a job it showed up and now his job is at risk....
Christina Rule's user avatar