When an administrative agency makes a disposition, on which of the listed grounds may it leave out the basis and reasons?
General information · Not legal advice
Material to check
In practice material of this kind we read the written disposition for the reasons it does give, the application as the party filed it to test whether it was granted in full, and any request made after the disposition asking for the basis and reasons.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
The provision states a duty whose reach is set by its exceptions: when an administrative agency makes a disposition, it must present the basis and reasons to the party unless one of the listed cases applies, namely a disposition granting the application content in full, a disposition that is simple, repetitive or minor where the party can clearly know the reason, or a disposition that had to be made urgently.
A second reading limits that duty's reach: only for the minor or repetitive case and the urgent case does the provision say the agency must present the basis and reasons afterwards if the party requests it, while a disposition granting the application in full is listed without such a further request, and what counts as minor or urgent is left for the file to show.
Your judgment
If the agency calls its disposition minor or urgent, what in the file shows the party could clearly know the reason or that delay could not be borne?
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 which dispositions are exempt or to add a duty of later reasons for a full grant, or if a decision sets what counts as a minor or urgent disposition.