Which remedy applies to an agency determination made without a trial-type hearing and is upheld unless arbitrary and capricious?

• A. Certiorari
• B. Prohibition
• C. Mandamus to Compel
• D. Mandamus to Review

Answer: (D)

When an agency makes a determination without a trial-type hearing, the court’s job is to review the action for abuse of discretion while giving deference to the informal process. The remedy used is mandamus to review, which directs the court to examine the agency’s action and determine whether it rests on a rational basis and is supported by the record. The governing rule is that the agency’s decision will be upheld unless it is arbitrary or capricious, meaning there is no plausible justification in light of the statutory framework and the evidence before the agency. This approach preserves the efficiency and expertise of administrative decision-making while ensuring multistage review guards against egregious errors or flights of whim. In this context, mandamus to review serves as the proper avenue to obtain judicial oversight of an agency’s non–trial-type determination, aligning the remedy with the level of process actually provided and the standard of review appropriate to that process.