challenging agency rules
what type of civil lawsuit is filed to challenge government agency rules which enlarge, modify or contravenes statutory law being implemented?
Re: challenging agency rules
It depends on many factors, including how the rule is being enforced. One method is to go before an administrative law judge, but there must be an administrative complaint to do that.
Another method of challenging the legality or constitutionality of an agency rule is what is called a declaratory judgment. Essentially, you are asking for an opinion from a court which declares a rule unlawful. It will then be appealed to an appellate court, likely.
I would welcome the opportunity to discuss this with you further. If you would like to call me, please feel free to do so at your convenience.
