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The petitioner must arrange for the lodging of the administrative record, and then, depending upon local rules, get the petition onto the court's motion calendar for a hearing and ruling on its merits by way of an ex parte application for an order to show cause or a motion for writ of administrative mandate. The superior court either holds oral ...
The original Administrative Procedure Act was California Senate Bill 705 of 1945, Chapter 867 of the California Statutes of 1945, signed by Governor Earl Warren on 15 June 1945. [5] It had been proposed by the Judicial Council of California, whose report relied heavily on the report of the Attorney General's Committee on Administrative Procedure.
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. (1978) - courts may not impose additional procedural requirements on top of the APA in rule-making. Pension Benefit Guaranty Corporation v. LTV Corporation (1990) - informal adjudication must meet the requirements of APA sec. 555.
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy."
The Administrative Procedure Act (APA), Pub. L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations, and it grants U.S. federal courts oversight over all agency actions. [2]
Administrative law judges may be employed by a "central panel" organization, which provides the judges with independence from agencies. [6] The California Administrative Procedure Act created an early central panel in 1945, and it served as a model for other states. [6] By 2015, over half of states had created such panels. [7]
Decisions from federal courts are also frequently cited as a source of persuasive authority about California law, even by the California Supreme Court. [12] Although California courts have no obligation to follow federal precedents about matters of state law, they generally follow federal decisions on issues of federal law, even though they are ...
Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the parties involved.