Fact Pattern 6-1 Bruce Had a Disagreement with a New Federal Agency Set

question 63

Multiple Choice

Fact Pattern 6-1
Bruce had a disagreement with a new federal agency set up to give additional funds for college to individuals with an aptitude for math. After a hearing, the agency determined that Bruce had no aptitude for math and that he would not receive any funding. Bruce, however, was not discouraged. He told his friend Laura, who just graduated from law school, 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.
-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.

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Definitions:

Private Health Insurance

Health insurance plans provided by private entities rather than the government, offering coverage for health care expenses to individuals and families.

Elective Surgical Procedure

A non-emergency surgery chosen by the patient, often for improvement rather than necessity.

Equilibrium Price

Equilibrium Price is the market price at which the quantity of goods supplied is equal to the quantity of goods demanded.

Deductible

The dollar sum of (for example, health care) costs that an insured individual must pay before the insurer begins to pay.