- Mar 8, 2013
- 6,993
The Board members are not obligated to answer inquiries after-the-fact, and I wouldn't expect them to.
However, under well established/text book Administrative Law the Board's written appeal decision must be supported by the record before it (legal argument, documents and testimony), and the rationale must be stated. The speculative answer within the quotes in your post above would not be legally sufficient. If that's all that is provided by the Board then its final decision will be just as arbitrary as the MSP's written decision that failed to articulate any basis for "disapproving" the application.
However, under well established/text book Administrative Law the Board's written appeal decision must be supported by the record before it (legal argument, documents and testimony), and the rationale must be stated. The speculative answer within the quotes in your post above would not be legally sufficient. If that's all that is provided by the Board then its final decision will be just as arbitrary as the MSP's written decision that failed to articulate any basis for "disapproving" the application.