In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

What must a written administrative review application contain, and does the list change if the complaint targets an agency's failure to act rather than a decision?

General information · Not legal advice

Material to check

In a practice file, we read the written review application itself against the list in the provision, and the papers showing which situation applies: the decision said to be the subject of review, or the application and its date that the agency never answered, since the second situation calls for a different set of contents.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading treats the two lists as alternatives that follow the target of the complaint: where a disposition is challenged, the application must state the applicant's name and address or office, adding a place of service if the applicant wishes to be served away from that address or office, the respondent and the commission, the content of the disposition, the date the applicant learned of it, the claim and its reasons, and whether the respondent gave notice of administrative review and what it said.

Another reading points out that where an inaction is challenged, the provision calls for the same applicant's name and address or office, again with a delivery place added where service elsewhere is wanted, the respondent and the commission, and the claim and reasons, together with the content and date of the underlying application that the inaction presupposes, so the date of learning of the disposition and the notice contents drop out of the required list.

Your judgment

When a letter announcing the decision reaches the applicant's address on different days, which day in the file counts as the date learned of 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 change either list of contents or to define how the date of learning is fixed, or if a decision explains what the underlying application of an inaction must show for the complaint to be within this provision.

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