Review of Administrative Decisions: A Comprehensive Guide to Your Legal Options

Definition & Meaning

The review of administrative decisions is a legal process where courts examine the decisions made by administrative agencies that enforce laws. Individuals or entities affected by these decisions can request a review. Courts typically uphold agency decisions if they are deemed reasonable based on the evidence presented. An Administrative Law Judge (ALJ) oversees hearings related to disputes between government agencies and those impacted by their actions.

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Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) A small business owner receives a citation from a local health department for violating health codes. After a hearing with an ALJ, the business owner is denied an appeal. They can file a petition for review in circuit court within 30 days to challenge the decision.

State-by-state differences

State Review Process
California Allows for a petition for review within 60 days.
Texas Requires petitioners to exhaust administrative remedies before filing.
New York Petition must be filed within 30 days, similar to federal standards.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Difference
Judicial Review Court's authority to review actions of legislative and executive branches. Broader than administrative review; includes all government actions.
Administrative Appeal A request to a higher authority within the agency to review a decision. Occurs within the agency, while administrative review is court-based.

What to do if this term applies to you

If you believe an administrative decision adversely affects you, consider the following steps:

  • Review the agency's decision and the reasons for it.
  • File a petition for review within 30 days if you wish to challenge the decision.
  • Consult legal resources or templates from US Legal Forms to assist in preparing your petition.
  • If your situation is complex, seek advice from a legal professional.

Quick facts

  • Typical filing deadline: 30 days from the agency's decision.
  • Jurisdiction: Circuit court in the county of residence or business.
  • Filing fees: Waived for those unable to pay, except in specific cases.

Key takeaways

Frequently asked questions

It ensures that agency decisions are fair and based on reasonable evidence.