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Administrative Discretion |
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The exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decision or performing official acts or duties. A discretionary action is informal and, therefore, unprotected by the safeguards inherent in formal procedure. A public official, for example, has administrative discretion when he or she has the freedom to make a choice among potential courses of action. Abuse of Discretion is the failure to exercise reasonable judgment or discretion. It might provide a Cause of Action for an unconstitutional invasion of rights protected by the due process clause of the Constitution. |
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The Eighth Circuit held for the taxpayer on the issue of reviewability The IRS maintained that its rejection of an offer in compromise was an exercise of its administrative discretion. Because administrative review is essential to ensuring the fairness of any penalty regime, TEI believes substantially limiting administrative discretion is unwarranted. Likewise, other major factors such as governance structures, financing, administrative discretion, and union influence on faculty relations have a differential impact o the conduct of the schools. |
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Administrative Discretion
