What is a petition for review used for?

Study for the Administrative Law Exam with engaging flashcards and multiple choice questions. Enhance your understanding with hints and explanations to get you ready for your exam!

A petition for review is primarily used to appeal a final decision made by a federal agency. This legal process allows individuals or entities affected by an agency's decision to seek a review of that decision by a higher authority, such as a federal court of appeals. The petition for review serves as a formal request to the court to examine the agency's actions and determine if they were lawful and reasonable, adhering to the proper administrative procedures.

In the context of administrative law, the requirement to file a petition for review typically follows the exhaustion of administrative remedies, allowing the courts to evaluate whether the agency acted within its authority and whether the decision was arbitrary or capricious. This mechanism emphasizes the importance of judicial review in ensuring that agencies operate within the scope of their delegated powers.

In contrast, the other options touch upon different legal processes or actions that do not align with the primary function of a petition for review. For instance, requesting a remand from a higher court is not the purpose of a petition for review; it typically pertains to a specific direction from an appellate court back to the lower court or agency for further action. Similarly, seeking a change in agency rules would normally involve a notice-and-comment rulemaking process rather than a judicial review, and initiating a new

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy