American Jurisprudence 1A

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Looking at form 83 Notice-special appearance

To:_________
Please take notice that ________ as ______[def,respond or as the case may be] appears in the above-captioned proceeding before the _______ [administrative agency], by ___________ [his or hers or it's] duly retained and or authorized attorney, ________, only for the purpose of __________, and that ___________ [def,respondent or as the case may be] does not appear generally in such proceedings.
Dated_______


Note
Effect of special appearance in administrative proceeding.
2 Am. Jur.2d, Administrative Law, § 366

Does anyone have or can get that particular section mentioned above ? § 366 .

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2. Appearance

Governing Principles
Although noncompliance with requirements as to notice and process may prevent the administrative tribunal from aquiring jurisdiction, a general appearance by a person will confer jurisdiction over such person notwithstanding the noncompliance since a general appearance without objection waives all irregularities occurring before the hearing. As in judicial proceedings, a special appearance may be made in an administrative proceeding to contest the tribunal's jurisdiction over the person so appearing. However, if a general appearance is made after objections to jurisdiction are overruled, the question of jurisdiction may not be raised by collateral attack.
(2 Am. Jur.2d, Administrative Law, §§ 365, 366)

Very interesting, indeed.

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Administrative Law.
Page 83.

C. Methods of Relief or Review

Introduction.
A person may have a choice of remedies or methods for obtaining judicial review of, and relief from, an administrative action. It is important that care be exercised in selecting the remedy or method, for convenience and speed in obtaining, and the scope of, review and relief may vary according to the remedy or method employed. Methods of obtaining judicial review of, and relief from, an administrative action are classified as direct or indirect (collateral) ans statutory or nonstatutory (2 Am Jur 2d Administrative Law § 706.)

The "nonstatutory" (a term which may overlap and be overlapped by the term "statutory") methods include the following: (1) proceedings for extraordinary remedies such as certiorari, mandamus, and prohibition, (2) suits for equitable relief, (3) actions at law, (4) suits for declatory judgements, and (5) collateral attack against the administrative action when it is sought to be enforced in court. (2 Am Jur Administrative Law § 707.)

The "statutory" methods of judicial review of, or relief from, an administrative action consist of the following: (1) methods that (in the broadest sense of the term "statutory") are governed by statutes not specifically providing for review of, or relief from, the administrative action, (2) methods that obtain under statutes restricting the judicial enforcement of an administrative decision, , to the end that the decision may be judicially reviewed, and (3) methods that exist under statutes providing for direct review of administrative actions. (2 Am Jur Administrative Law § 710.)

1. Appeal, Certiorari, or Statutory Direct Review Proceeding

a. Procedure To Obtain and Present Questions for Review

Governing Principles

Some statutes permit proceedings for review of administrative actions to be instituted as ordinary civil actions; others require that a notice or statement of appeal or petition for review be filed and served. The form and content of the notice or the petition is often prescribed by statute. Generally, time requirements for instituting the proceeding must be complied with, or the proceeding will be dismissed; there are, however, exceptions, and the running of the time may be suspended. (2 Am Jur 2d Adiministrative Law §§ 717-719.)
Where a staute specifically prescribes the form and content of a petition for review of an administrative action, the statute must be complied with, or the petition is fatally defective. The petitioner must do more than merely suggest the claim; petitioner must specifically allege facts showing how the adiministrative agency's decision is unreasonable, arbitrary, capricious, or otherwise disreguarded, held insufficient, or construed against the petitioner, an allegation in the general language of a statute is sufficient to bring the pleading within the jurisdiction of the court. (2 Am Jur Administrative Law § 744.)