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Old 10-06-2003, 08:16 PM
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suijuris suijuris is offline
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Join Date: Oct 2004
Location: South Carolina
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Should we send them a “Administrative Notice?”



<FONT face="courier new, courier, mono">A while back I purchased a short guide on Administrative Notices from the Aware Group. While it did not give a great deal of info on this mysterious tool, it did give the logic behind it. It has been a while since I read it so I am rather fuzzy, but the premise was something like this:</FONT>


<FONT face="courier new, courier, mono">Since most cases are heard administratively, and not judicially, one is wasting ones effort in having the court take “Judicial Notice.” So, they should be taking “Administrative Notice” instead. All public officials, judges, lawyers, and most corporate officials, operate under the good old “ignorance is bliss” theory, and unless given notice of applicable laws, can claim that they have “good faith immunity”. In other words, since nobody can ever know all the laws of this country, government officials are allowed a healthy allotment of mistakes based on there claim to ignorance of the law.</FONT>


<FONT face="courier new, courier, mono">Enter the “Administrative Notice”, this is touted by the author to give constructive notice to the certain parties BEFORE the fact, so they cannot take certain unlawful actions and later claim ignorance. The author made a few applications to this theory, and a minor example or so, but there did not seem to be to much muscle to the tool and since I could not think of any applications at the time I gave it little consideration.</FONT>


<FONT face="courier new, courier, mono">But now, I think this may be a good way to serve certain parties (read IRS, SSA, etc) with the proper form of notice PRIOR to any possible action on their part, after one becomes aware of his citizenship status.</FONT>


<FONT face="courier new, courier, mono">I do not contest that there are other legitimate forms of notice that these parties could be served that SHOULD work just as well (in theory), but the bottom line is that some forms of communication is simply brushed aside and can cost the sender valuable time in the future, dealing with more unwanted action. The purpose is to find a form of notice that effectively presses the MUTE button on the whole U.S. corp. soap opera. </FONT>


<FONT face="courier new, courier, mono">The government is&bound by law to accept substance over form, but they will&honor form more quickly than substance. Two can play that game, so I ask, what is the correct form? I have substance to my claim of your jurisdiction, in what FORM would you like NOTICE?</FONT>


<FONT face="courier new, courier, mono">Your thoughts are appreciated, as always!
Sui Juris</FONT>
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