Legal Definitions - ministerial

The term ministerial refers to an action or duty that must be performed precisely as required by law, regulation, or specific instructions, without allowing the person performing it to use their own personal judgment, discretion, or specialized skill to decide *how* or *whether* to carry out the task. Essentially, a ministerial act involves simply executing a prescribed procedure or rule, leaving no room for individual choice or interpretation.

Here are a few examples to illustrate this concept:

• Issuing a Standard Business License: Imagine a city clerk's office responsible for issuing basic business licenses. If a small business owner submits a complete application, pays the required fee, and meets all the clearly defined, objective criteria set out in the city's ordinances (e.g., proper zoning for the business type, no outstanding taxes), the clerk's duty to issue the license is ministerial. The clerk does not have the discretion to deny the license based on personal opinions about the business's viability or the owner's personality; their role is simply to verify that all established requirements have been met and then issue the license as mandated by law.

• Processing a Tax Refund: When an individual files their income tax return and, based on the calculations and applicable tax laws, is owed a refund, the tax agency's duty to process and issue that refund is largely ministerial. Once the agency verifies the accuracy of the calculations and the eligibility under the tax code, they are obligated to send the refund. They do not have the discretion to decide whether the taxpayer "deserves" the refund or to withhold it for reasons outside the established tax laws and procedures.