What are the remedies available in administrative law?
Remedies available in administrative law in California are principally divided into two categories: mandatory and discretionary. Mandatory remedies require the decision-maker to order a certain action or decision for the benefit of a party that has been wronged, while discretionary remedies are those in which the decision-maker has the power to choose an appropriate remedy on a case-by-case basis. One example of a mandatory remedy available in administrative law in California is an injunction, which is an order that prohibits an individual or entity from engaging in a particular action. For example, an injunction might be used to stop a business from engaging in an activity that violates a state law or regulation. Discretionary remedies, on the other hand, are those in which the decision-maker has the power to choose an appropriate remedy on a case-by-case basis. Examples of discretionary remedies include orders of restitution to compensate victims for economic losses, orders to refund illegal fees or charges, and orders of restitution for violations of public health or safety regulations. Another type of remedy available in administrative law in California is compensatory damages, which are intended to compensate an individual for injuries or losses that have occurred as a result of an administrative decision. For example, if a person has been wrongfully denied access to a public benefit, the court may order the responsible agency to pay the individual’s damages. Finally, some administrative decisions may require an agency to take corrective action in order to remedy the wrong, such as in response to a violation of a state or federal law. For example, an administrative agency may be ordered to take steps to correct a violation of environmental regulations or to carry out a court-ordered desegregation plan.
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