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  1. #1
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    Default Can a Government Agency Revoke a Stipulation of Fact

    Administrative Process

    a fact was stipulated to and the record has been open for over 2 years, but now the agency says the stipulated fact was a mistake that they should have never agreed to stipulate and wants to undue the stipulation and to hold a hearing on this matter, a final decision has not been made so it does not seem as if I can claim collateral estoppel as that is one of the core elements, but I am thinking I can try equitable estoppel. WWYD? Would you be pissed or am I out of line for thinking 2 years is a long time to wait to figure out you made a mistake.

  2. #2
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    Oct 2014
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    Default Re: Revoking a Stipulation Made 2 Years Ago

    Quote Quoting curiousandskeptical
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    Administrative Process

    a fact was stipulated to and the record has been open for over 2 years, but now the agency says the stipulated fact was a mistake that they should have never agreed to stipulate and wants to undue the stipulation and to hold a hearing on this matter, a final decision has not been made so it does not seem as if I can claim collateral estoppel as that is one of the core elements, but I am thinking I can try equitable estoppel. WWYD? Would you be pissed or am I out of line for thinking 2 years is a long time to wait to figure out you made a mistake.
    A lot depends on the nature of the stipulation, how it affected your preparation of the case, and how close you are to the final hearing or decision on the matter. It also is extremely important to know what kind of administrative proceeding this is and which jurisdiction’s law applies (i.e. federal or state agency and if the latter, what state). So more details on this would be helpful.

  3. #3
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    Mar 2013
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    16,661

    Default Re: Revoking a Stipulation Made 2 Years Ago

    Your post is incomprehensible. You haven't revealed your state (as requested when you open the message box) nor have you provided any background.

    And if this, by chance, has anything to do with a previous thread I suggest you reopen that thread and add to it so that all the information is in one place.

  4. #4
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    Default Re: Revoking a Stipulation Made 2 Years Ago

    This is separate issue in the great garden state. It deals with grants and eligibility requirements. Unfortunately I cannot say more. I will have difficulty obtaining documents from 5 years ago which may have been helpful. I'm trying to learn the estoppel arguments but I don't think Collateral is the proper one, too many elements to overcome.

  5. #5
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    Default Re: Revoking a Stipulation Made 2 Years Ago

    Quote Quoting curiousandskeptical
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    This is separate issue in the great garden state. It deals with grants and eligibility requirements. Unfortunately I cannot say more. I will have difficulty obtaining documents from 5 years ago which may have been helpful. I'm trying to learn the estoppel arguments but I don't think Collateral is the proper one, too many elements to overcome.
    It is not collateral estoppel that you want. You might be able to argue for plain estoppel on the argument that to allow the agency to change its position would prejudice your case. But without details I cannot get any good feel for whether that might be approved. All you can do is make the motion and see if it gets granted or not.

  6. #6
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    Oct 2017
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    Default Re: Revoking a Stipulation Made 2 Years Ago

    This issue was resolved in favor of enforcing the stipulation... the judge was not at all pleased with the agency for tempting to resurrect such claims. He relied on waiver and entire controversy doctrine in support of his decision. No final decision has been made though. I really really like administrative law...

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