This case has been cited 1 times or more.
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2009-08-14 |
BRION, J. |
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| As a general rule, "official acts" enjoy the presumption of regularity, and the presumption may be overthrown only by evidence to the contrary.[30] When an act is official, a presumption of regularity exists because of the assumption that the law tells the official what his duties are and that he discharged these duties accordingly. But not all acts of public officers are "official acts," i.e., acts specified by law as an official duty or as a function attached to a public position, and the presumption does not apply when an official's acts are not within the duties specified by law,[31] particularly when his acts properly pertain or belong to another entity, agency, or public official. | |||||