An administrative agency is a body mandated by the Congress to make laws. The agency has their duty and responsibilities defined Federal Constitution under Article 1 Section 1which quotes that all the legislative powers shall be vested in Congress of the United States.
The primary liability of the administrative agency is to help in the quick resolution of cases. Moreover, the agency helps in keeping judicial resources for other more important cases. The agency comprises persons with expertise in individual fields of specialization.
The executive branch of government through the president of the United States supervises most of the agencies. Some of the agencies managed include the Federal Bureau of Investigation and the Drug Enforcement Administration. On the contrary, some agencies are independent, and thus the president has no control over removing the leaders of the agencies. The President’s powers are limited to the appointment of the heads of all organizations thus the executive control cam only influence their activities through such appointments.
The legislature has their operations with that of the administrative agencies intertwined. The agencies work in the capacity of the legislature. Whatever their proposal the legislature must approve since it is a representation of the legislature. Most of their activities are a delegation of the legislative arm of governance.
Judicial arm of the government is very essential in control of the activities of the administrative agency. The judiciary controls them with the help of Administrative Procedure Act that sets all the means of operations of the agency. The federal courts are protected by this law in case the administrative agencies makes policies or rules that challenge their activities. In a nutshell, therefore, the judicial system is always protected against the Administrative agencies, but they court can, on the other hand, challenge the activities of the administrative agencies.
The agency rulings can be challenged on the grounds of not being in line with the provisions of the Administrative Procedure Act. Moreover, they can be tested whenever they make rules that are against or that challenge the laws created by the federal systems.
Yes, I have a right to seek immediate relief from the New York States Supreme Court. This is because such notification should be given promptly. Moreover, if am not operating in line with health standard, I needed to be notified through warning and be banned only if I do not make any changes.
The pleading, in this case, entails the encroachment of L Michael Davinci’s property by Claire property which is a tree in this case. The State dispute rule is applied to solve this case. Claire will file an injunction to have the case withheld or observed as a matter of nature and not negligence. The neighbor dispute act must be used in this case.
The Jurisdiction, in this instance, is the Supreme Court within the state in which the defendant and complainant live.
The discovery made in this instance is the fact that owners of trees do not have control over their encroachment. However, they should try as much as they can to ensure their trees do not cause damage and should take full responsibility of such damages.
The alternative dispute resolution is to get help through local dispute resolution from the neighborhood. Engaging all the neighbors in finding a solution would ensure cohesive coexistence and trust among the neighbors.