[License Challenge] Talia Was Licensed by Her State to Train

question 15

Multiple Choice

[License Challenge] Talia was licensed by her state to train massage therapists. The state-licensing agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the state statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Rules were passed authorizing the agency to revoke the license of anyone found guilty of such acts or conduct. While driving home late one night from a party, Talia was stopped by police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the conviction, the officials of the agency met, decided that Talia might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Talia threatened to sue to retain her license and was told by the agency head that she had no right to appeal to court because, based on her admission of guilt, no factual dispute was involved. The agency official went on to say that even if an appealable issue existed, agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion. The administrative system in Talia's state is identical to the federal system.
-Regarding the statement of the agency that Talia had no right to appeal to court, which statement is true?

• A) The agency representative was wrong; and if Talia cannot resolve the issue within the agency, she may appeal to court for judicial review.
• B) Because the agency was set up to protect the safety of the public, the agency representative is correct unless Talia can establish that she entered into a separate contractual arrangement with the agency when she was hired that gave her the right to appeal decisions to court.
• C) Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court.
• D) Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an executive agency may be appealed to court, actions of an independent agency may not be appealed to court.
• E) Because the agency was set up to protect the safety of the public, the agency representative is correct; and Talia has no right to a court action and no right to enter into a contractual agreement with the agency regarding appeal rights.

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