Many Government Affairs and regulatory are decided by what is known as administrative agencies. If you want to open a business that requires a license State and deny you the permission, there is a procedure by which you can appeal that decision. The process is known as a judicial review.
- Calls to the administrative agency and requests a final order. Although probably you presented your case earlier before a hearing officer or a judge of administrative law at the Government agency in question, you need a final order of the officer in charge of that agency. The standard procedure is to appeal a decision that goes against yours before the director of the Agency, who will issue a final decision.
- Get a form of application for judicial review. Many county courts have standard forms for allegations (used in the court documents) to be used by persons carrying cases without a lawyer.
- Write your own request for judicial review of the adverse decision. In the petition, list you yourself how petitioner and the Chief of the Government agency in question as the defendant.
- It includes the date of the final order issued by the administrative body.
- It gives specific and legal reason why are appealing the decision, and applies for judicial review. You can say that the decision of the Agency is not supported by facts, that it is contrary to applicable law or that the Agency acted in arbitrary and capricious to speak out against yours.
- Attach a copy of the initial and final orders of the Agency on the request.
- It makes the application for judicial review in the County Court. Laws vary slightly from State to another regarding County appropriate to file a judicial review. State laws establish the right place to make the case. You can access the current editions of State laws on local public libraries or the website of your state legislature.
- Request that the clerk of the court order to the sheriff of the County provide a copy of the petition for judicial review to the head of the agency or its designated agent.
Tips and warnings
- The search for judicial review involves complex legal procedures. Seriously consider the possibility of hiring an administrative law lawyer to represent you. State and local bar associations maintain directories of lawyers practicing in different areas of law, including the field of administrative law and judicial review of the decisions of agencies.
- Make sure that you file an application for judicial review within the time required by law. Otherwise, this prevents you to always appeal the decision.