When an administrative appeal ruling or a court judgment cancels a sanction, from what date does the agency's time limit for imposing a new sanction run, and how long is it?
General information · Not legal advice
Material to check
The practice file would hold the certified copy of the administrative appeal decision or the court judgment, and the proof showing when it became final, since the period runs from that finalisation date rather than from the original violation.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading applies the bar in the first paragraph, which blocks a sanction once the period it sets has passed since the violation ended, but this paragraph states that where a sanction is cancelled or withdrawn following an administrative appeal ruling or a court judgment, the agency may impose a new sanction in accordance with the purport of that ruling or judgment, within the period this paragraph sets, running from the date the ruling or judgment became final; for a collegial administrative agency, that period is longer.
Another reading notes the condition attaching to this paragraph: the new sanction is available only after the cancellation or withdrawal resulted from an administrative appeal ruling or a court judgment, so a sanction the agency withdrew on its own, without such a ruling or judgment, falls outside this paragraph and back under the ordinary bar in the first paragraph.
Your judgment
What in the cancelled sanction and the ruling would show which new sanction is consistent with the intent of that ruling or judgment?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if another law sets a shorter or longer period than the periods in this provision, which that other law would then govern, or if a decision explains what accords with the purport of a ruling or judgment.