question
Under federal law, when a lawsuit is brought to seek judicial review of an agency action:
According to the APA, who has the burden of proof and what must a reviewing court consider in order to rule in that party's favor?
According to the APA, who has the burden of proof and what must a reviewing court consider in order to rule in that party's favor?
answer
556(d): Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. . .A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
question
What are some of the considerations during a judicial review of agency action under the federal APA? In other words, when can a reviewing body aside agency action
answer
According to § 706 of the APA, the court may hold unlawful and set aside agency action, findings, and conclusions found to be:
(A )arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E ) unsupported by substantial evidence or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
(A )arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or immunity;
(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E ) unsupported by substantial evidence or otherwise reviewed on the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.
question
Under Motor Vehicle Mrs. Ass'n v. State Farm Mut.l Auto. Ins. Co., 463 U.S. 29 (1983), when will an agency rule normally be found to be arbitrary and capricious?
A) When the agency relies on factors Congress has not intended it to consider.
B) When the agency entirely fails to consider an important aspect of the problem.
C) When the agency offers an explanation for its decision that runs counter to the record before the agency or is so implausible that it cannot be ascribed to a difference in view or the product of agency expertise.
D) All of the above.
A) When the agency relies on factors Congress has not intended it to consider.
B) When the agency entirely fails to consider an important aspect of the problem.
C) When the agency offers an explanation for its decision that runs counter to the record before the agency or is so implausible that it cannot be ascribed to a difference in view or the product of agency expertise.
D) All of the above.
answer
D
question
Judicial review of agency action under the APA:
a) Can never be precluded by statute.
b) Can only be precluded by statute if the preclusion is explicit.
c)Is only available if an agency's organic statute explicitly provides a cause of action.
d) is presumptively available
a) Can never be precluded by statute.
b) Can only be precluded by statute if the preclusion is explicit.
c)Is only available if an agency's organic statute explicitly provides a cause of action.
d) is presumptively available
answer
D?
question
The doctrinal derivation of constitutional standing requirements is:
A) The Due Process Clause.
B) Article III's "Case or Controversy" clause.
C) Article III's delegation to Congress of the authority to establish inferior courts.
D) Section 702 of the APA.
A) The Due Process Clause.
B) Article III's "Case or Controversy" clause.
C) Article III's delegation to Congress of the authority to establish inferior courts.
D) Section 702 of the APA.
answer
B
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