03/06/2019

Appealing Administrative Decisions

Administrative law is a full and very aggravating body of law. It is the law and process related to government actions against individuals and companies. For example, a city's revocation of rental licenses to a property manager is an administrative action. A state agency's sanctioning of a professional licensee is a regulatory action.

The difficulty with administrative law is getting a fair process in the investigation and resolution stages. On paper, it looks fair, but in function, it is not. And, the process functions differently from city to city. Saint Paul and Hugo do not function the same as city councils and they do not approach matters in the same way.

If you find that you were adversely affected by a city's administrative process, you have the right to an appeal “Any person aggrieved by a final [administrative] decision in a contested case is entitled to judicial review of the decision” through “[a] petition for a writ of certiorari . . . filed with the Court of Appeals.” Minn. Stat. § 14.63 (2018). The contested case part is critical because that is where your record for appeal is developed. You must get your evidence on the record in that contest in order for it to be usable at the Court of Appeals.

Protect your professional existence by using a lawyer that can competently help you navigate the administrative process. If you're in the east metro, I can be a resource to help you avoid a worst case scenario.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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