What are the common reasons for challenging administrative decisions?
In Georgia, one of the most common reasons for challenging an administrative decision is a lack of due process. Due process is the legal right of an individual to be informed of the charges put forth against them and to be given the opportunity to respond. Without due process, an administrative decision may be overturned as it is deemed to be illegal. Another reason for challenging an administrative decision is if it is found to be biased. If the decision-maker is found to be biased for any reason, the decision can be challenged in court on the grounds that the decision was made on the basis of prejudice or without consideration of all the facts involved. A third reason for challenging an administrative decision is if the process used to reach the decision was determined to be faulty. This can occur if the process was not outlined in the law or was not followed by the decision-maker. Finally, if the decision made by the administrative agency is found to be outside of the scope of the authority granted to them by the law, the decision can be challenged. This could include, for example, if the administrative agency made a decision based on the law but the law in question was found to be unconstitutional.
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