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DMV Administrative Writs and Appeals

DMV Administrative Writs and Appeals

DMV Writs and Appeals in Administrative Per Se Hearings 

Mandamus is a remedial writ used to correct the acts and decisions of administrative agencies when no other adequate legal remedy is possible.

Mandamus not only compels administrative action that was refused in violation of law, but also annuls or restrains administrative action, already taken, which violates the law. Bodinson Mfg. Co. v. California Emp. Co. (1941).

Traditional Mandate vs. Administrative Mandate 

Quasi-legislative acts are reviewed by “traditional mandate” (CCP § 1085), whereas quasi-judicial acts are reviewed by “administrative mandate” (CCP § 1094.5).

Accordingly, review by administrative mandate is only available if the DMV’s decision resulted from a proceeding in which: (1) an evidentiary hearing is required to be given by law; and (2) discretion in the determination of facts is vested in the agency.

Where no evidentiary hearing is required, traditional mandate is the proper vehicle. See: Bunnett v. the Regents of the University of California (1995).
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