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· 9/28/2023

In Re: Martha Akers

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that “rulemaking is generally a ‘better, fairer, and more effective’ method of implementing a new industry-wide policy than is the uneven application of conditions in isolated” adjudications
  • \[A]n agency's general duty to enforce the public interest does not require it to assume responsibility for enforcing legislation that is not directed at the agency\
  • “[A]n agency’s general duty to enforce the public interest does not require it to assume responsibility for enforcing legislation that is not directed at the agency”
  • responsibility for enforcing section 504 lies with agencies administering federal financial assistance programs
  • “[H]owever broad an administrative agency’s discretion in implementing a regulatory scheme may be, the agency may not ignore a relevant Act of Congress .... [T]he agency cannot simply ‘close its eyes’ to the existence of the statute.” (citation omitted)
  • responsibility for enforcing section 504 lies with agencies administering federal financial assistance programs

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge Rudolph Contreras

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.