Against which acts of an administrative agency can an administrative appeal be lodged, and when does another law take that route away?
General information · Not legal advice
Material to check
In the practice file we check the written disposition, or the papers showing that an agency failed to act, the identity of the agency that acted or stayed silent, and any provision of another statute that gives its own remedy for that kind of act.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the scope at its widest: against a disposition or an omission of an administrative agency an administrative appeal may be lodged under this Act, and the provision adds only the words 'where another law does not make special provision', so the general route stays open.
Another reading puts weight on that exception: where another law makes special provision, the appeal under this Act is not available at all, so the file must identify which statute governs the act and whether it lays down its own review procedure.
Your judgment
If another statute gives its own review route for the same act, is that route the special provision the provision speaks of, and how would the file show it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to widen or narrow what counts as a disposition or omission, or if a court decision settles when another law amounts to a special provision displacing this Act.