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Standing under Model State Administrative Procedure Act

§ 5-106(a) of the Model State Administrative Procedure Act (1981) deals with standing of parties.  The Model State Administrative Procedure Act (1981) provides that the following persons have standing to obtain judicial review of final or non final agency action:

  • a person to whom the agency action is specifically directed;
  • a person who was a party to the agency proceeding that led to the agency action;
  • if the challenged agency action is a rule, a person subject to that rule;
  • a person eligible for standing under another provision of law; or
  • a person otherwise aggrieved or adversely affected by the agency action.

Pursuant to § 5-106(a), a standing committee of the legislature which is required to exercise general and continuing oversight over administrative agencies and procedures may petition for judicial review of any rule or intervene in any litigation arising from agency action.


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