When may an administrative appeals committee decide an interim disposition, and on whose initiative can it do so?
General information · Not legal advice
Material to check
In a practice file we read the challenged disposition or the record of the omission, the party's application for an interim disposition where one was filed, and any papers showing the serious disadvantage or imminent danger said to be at stake, since the provision names both the application and the committee's own initiative as routes to the decision.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading gathers every condition the provision attaches: where the disposition or omission is reasonably suspected of being unlawful or unjust, and where preventing the serious disadvantage the party stands to suffer, or the imminent danger arising for the party, makes it necessary to set an interim position, the committee may so decide either on its own initiative or on the party's application.
Another reading adds the limit in the later paragraph: the interim disposition is not permitted where the aim could be achieved by a stay of execution of the disposition, so the file has to show whether such a stay would in fact accomplish what the interim disposition is sought to accomplish.
Your judgment
When a stay of execution is available in the file, what facts would show that it still cannot achieve the purpose the interim disposition is sought for?
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 body may act, which conditions gate the power, or the limit involving a stay of execution, or if a court decision sets how far such a stay must reach before the interim disposition is barred.