Which administrative agency may withdraw a lawful disposition, on which of the listed grounds, and how far may that withdrawal reach?
General information · Not legal advice
Material to check
The copy of the disposition shows which agency issued it and that it was lawful; the withdrawal notice shows whether the whole or only part is withdrawn, and with effect only for the future. Papers showing a statutory withdrawal ground, a change of law or circumstances, or the serious public interest identify the ground.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: an administrative agency may withdraw a lawful disposition, in whole or in part, and only toward the future, once one of the three listed grounds has arisen — a statutory withdrawal ground, a change in law or in circumstances leaving no need for the disposition to continue, or a need for the sake of a serious public interest.
A second reading notes that the withdrawal is not automatic even where a ground exists: the agency must compare and weigh the disadvantage the party will suffer against the public interest the withdrawal achieves. The provision sets no method or standard for that weighing, and says nothing about who reviews it, so whether the comparison was actually made is a question to check against the file.
Your judgment
Where the disadvantage to the party and the public interest at stake pull in opposite directions, what in the file shows how the agency weighed them?
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 add or remove a ground for withdrawal, or to bar withdrawal where the disadvantage to the party outweighs the public interest, or if a court decision sets a standard for the comparison, or explains how far a partial withdrawal reaches.