Where an agency makes no disposition, on whose application and by what form of decision may the first-instance court attach a payment to the delay?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the judgment that cancelled the agency's disposition and required it to act, the proof of service of that judgment on the agency, and any application by the party asking the first-instance court to set a period and impose payment for the delay.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading follows the conditions in order: where the administrative agency does not make the disposition required of it, the first-instance court of the action may, on the party's application and by ruling, set a reasonable period and, if the agency does not comply within it, order a stated sum of damages according to the length of the delay, or order damages paid at once.
Another reading stresses the shape of the remedy: the court's decision does not compel the agency to make the disposition, it attaches money to the delay, a fixed sum set with the delay period or immediate payment of damages, and further provisions apply by reference to how such an order is carried out.
Your judgment
What in the file would show the period of delay on which the ordered damages are calculated?
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 the form of the order or the court that may make it, or if a court decision settles how damages ordered according to the delay period are calculated.