Q: Is there a U S Code similar to GA O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letters?
During the normal course/procedures of business I write or petition the responsible Federal Agency with formal correspondence via certified mail (so I know they received it) which usually goes unanswered for several months or in most cases - never. I am being ignored or they realize their error(s) once I point them out and they hide from their responsibility (or, just speculating, possibly they don't have the staff) by simply not responding which puts me in limbo which forces me to keep files open for years. I am just trying to get a feel for a viable defense if they come back one day down the road. Thanks.
A:
While there may not be an exact federal equivalent to Georgia's O.C.G.A. 24-4-23 regarding the presumption from failure to answer business letters, similar principles can apply at the federal level. For example, under the Administrative Procedure Act (5 U.S.C. § 555(b)), agencies are required to conclude matters presented to them within a reasonable time. If an agency's failure to respond effectively denies a right or benefit, it may be possible to bring a claim under this act.
Additionally, the doctrine of "constructive denial" may apply, allowing for judicial review when an agency fails to act. It’s prudent to document all correspondence meticulously and to follow up regularly. If you reach an impasse, you may seek relief through the courts, which can compel agency action in certain circumstances. Consulting with an attorney knowledgeable in federal administrative law could provide you with tailored advice for your particular situation.
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