When an agency imposes a duty while taking an administrative act, how can the file show whether that duty is truly connected to the act?
General information · Not legal advice
Material to check
For this exercise, the papers to read are the administrative act itself and the notice or document stating the duty, since the provision turns on whether the duty has a substantial connection to that act. Any paper recording what the act was for helps test the connection the provision requires.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as written: when an agency takes an administrative act, it must not impose on the other party an obligation that has no substantial connection with that act, so a duty lacking that connection is outside what may be attached to it.
Another reading notes that the provision does not say what counts as a substantial connection, and it addresses only the agency's imposition of the duty, leaving open how the link is tested and what follows where a duty was imposed without one.
Your judgment
Which paper in the file would show the purpose of the administrative act against which the connection of the duty must be judged?
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 define a substantial connection or to attach a consequence, or if a court decision explains which bodies count as the agency covered by this provision.