Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude f
or math. After a hearing, the agency determined that Brett had no aptitude for math and that Brett would not receive any funding. Brett, however, was not discouraged and told a friend, Lior, who just graduated from law school, that Brett would simply appeal the decision to federal court, have the judge do a fresh review, and provide additional information to the judge regarding Brett’s math aptitude that the agency did not have. Brett feels confident about winning at the federal court level.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.
1 answer:
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