What happens after a person has exhausted his administrative proceedings?
A certiorari review by a court is available to people who want to challenge a decision that affects them, made by an administrative agency.
The court's authority is limited to determining:
1. Whether the administrative agency kept within its jurisdiction.
2. Whether the division of parole and probation acted according to law in
making the decision. This includes whether the State or Federal
Constitutions, State Statutes, or the Wisconsin Administrative Code
rules were violated.
3. Whether the administrative decision was arbitrary, oppressive or
unreasonable and represented the agency's will rather than its judgment.
The administrator is supposed to reach a reasonable decision based
on the evidence presented.
4. Whether, based on the evidence, the administrator would reasonable
have decided as she did.
No comments:
Post a Comment