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In addition to issuing rules and regulations, administrative agencies typically have the authority to enforce adjudicate those rules and regulations through hearing and decision making processes. Agency hearing decisions are published in official reporters and in many commercially published sources. Rulings by an administrative law judge or administrative tribunal are available in both print and electronic formats. For example, administrative hearing opinions from the National Labor Relations Board are available in the print sources Decisions and Orders of the National Labor Relations Board Government Printing Office and Labor Relations Reference Manual Bloomberg BNA, and electronically on the National Labor Relations Board website, . For a listing of official and commercial titles of federal agency decisions, see How to Find the Law, Appendix D 9th ed. 1989Call No.

Posted March, 2011 by Admin

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Judicial review of administrative decisions is different from an administrative appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal the correctness of the decision itself will be examined, usually by a higher body in the agency. This difference is vital in appreciating administrative law in common law countries. The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable under Canadian law, following the rejection of the "Patently Unreasonable" standard by the Supreme Court in Dunsmuir v New Brunswick, Wednesbury unreasonable under British law, or arbitrary and capricious under U. S. at 121 22. Although the holding in Simon and Schuster was explicitly limited to New York's "Son of Sam" law, the decision appears to leave little doubt, if any, about the unconstitutionality of 18 U. S. C. In light of Simon and Schuster, some courts have relied on restitution orders and fines where convicted defendants appeared likely to receive proceeds from the sale of their stories about their crimes.

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Updates to the CFR.

Administrative law, as laid down by the Supreme Court of India, has also recognized two more grounds of judicial review which were recognized but not applied by English Courts, namely legitimate expectation and proportionality.

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Posted February, 2011 by Admin

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