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Legal Challenges In Dealing With Agency DecisionsLegal Challenges In Dealing With Agency Decisions
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There are significant challenges to obtain a judicial reversal of an agency decision. Hiring legal representation before a decision is granted is vital because of the following issues:
* Exhaustion of Administrative Remedies Doctrine
* Record Review Doctrine
* Evidentiary Presumption That Agencies Regularly Discharge Their Legal Duties
* Judicial Deference to Presumed Agency Expertise
Conclusion. Reversing agency decision through litigation requires time, resources and oversight by a skilled litigator. A well prepared presentation to the agency before its decision is an essential step in this effort. Including an experienced litigator in the preparation of written and oral responses to any agency’s proposed decision will assure that available resources are organized and allocated in a manner that efficiently addresses the issues most likely to trigger the agency and potential intervenors, and the known proclivities of the courts most likely to review the agency’s conduct, is essential to the informed assimilation of relevant data and its reorganization and presentation by a capable team of resource specialists. It is very difficult to overcome in subsequent litigation the client’s omission of essential evidence and arguments in its comments on the agency’s proposed decision.
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