Remedies Available through Judicial Review

Generally, a state administrative procedure act allows judicial review from an agency action to a court as the exclusive form of relief.[i]  The action can be a rulemaking, contested case, or other agency action.[ii]  In cases to which a state administrative review law applies, the law may eliminate any other statutory, equitable, or common-law remedies which previously reviewed administrative determinations.[iii]

Normally, a mandamus action in the appropriate court is available for ordinary “substantial evidence” judicial review of the adjudicatory administrative decisions, if there is no statutory provision for judicial review of final adjudicatory decisions by administrative agencies.[iv]

[i] Heiland v. Dunnick, 270 Kan. 663, 19 P.3d 103 (2001).

[ii] IES Utilities Inc. v. Iowa Dept. of Revenue and Finance, 545 N.W.2d 536 (Iowa 1996).

[iii] Marsh v. Illinois Racing Bd., 179 Ill. 2d 488, 228 Ill. Dec. 692, 689 N.E.2d 1113 (1997).

[iv] State v. Maryland State Bd. of Contract Appeals, 364 Md. 446, 773 A.2d 504 (2001).


Inside Remedies Available through Judicial Review