Fact Pattern 6-1 Bruce had a disagreement aptitude for math. After a hearing, th
ID: 2440652 • Letter: F
Question
Fact Pattern 6-1 Bruce had a disagreement aptitude for math. After a hearing, the agency determined th receive any funding. Bruce, however, that he would simply appeal the decision to federal court, have the judge do a fresh review, and provide additional information to the judge regarding his math aptitude that the agency did not have. He feels certain that he will win at the federal court level. t with a new federal agency set up to give additional funds for college to individuals with an at Bruce had no aptitude for math and that he would not was not discouraged. He told his friend Laura, who just graduated from law school 55. Refer to Fact Pattern 6-1. Assuming the decision by the administrative agency was a factual finding, what should Laura tell Bruce regarding the standard of review the administrative agency will likely apply? a. That the agency will likely apply a de novo, or new, review. b. That the agency will likely apply an arbitrary and capricious standard in any review. c. That the agency will likely apply a substantial evidence standard in any review. d. That the agency will likely apply a preponderance of the evidence standard in any review. 56. Brianna is in charge of new federal agency set up to monitor farming operations. The agency wishes to institute a rule regarding the use of pesticides. Brianna tells her associates to publish the proposed rule but to decline taking comments on the rule because she does not want to deal with unhappy farmers. Assuming you are legal counsel to the agency, what would you tell Brianna regarding her plan to refuse comments on the proposed rule? a. That her plan is a bad one because the Administrative Procedure Act requires that the public be given an opportunity to comment before a federal agency can promulgate a rule b. That her plan is a bad one because while the Administrative Procedure Act does not generally require that th public be given an opportunity to comment, it does require that agencies take public comments when food safety is involved public be given an opportunity to comment, it does require that agencies take public comments in all cases other than rule involving taxation. c. That her plan is a bad one because while the Administrative Procedure Act does not generally require that the d. That her plan is a good one.Explanation / Answer
55) C. That the agency will likely apply a substantial evidence standard in any review.
56) A. That her plan is a bad one because the administrative procedure act requires that the public be given an opportunity to comment before a federal agency can promulgate a rule.
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