Which of the Following Is True Regarding the Statement by the Agency

question 25

Multiple Choice

Which of the following is true regarding the statement by the agency head that agency action may only be overturned when there is clear and convincing evidence that the agency exceeded its discretion?

• A) The agency representative is essentially correct because agency decisions are upheld in over 99% of the cases and may only be overturned only if no evidence whatsoever supports the agency's interpretation of its regulation.
• B) The agency representative is incorrect because agency decisions are usually struck down unless they are supported by clear and convincing evidence.
• C) The agency representative is incorrect because agency decisions are usually struck down unless it can be established that an appeal of an agency decision is frivolous and without reason.
• D) The agency representative is incorrect because a court will review a dispute with an agency on a de novo, meaning independent basis, giving no deference to the agency decision.
• E) The agency representative is incorrect because while agency actions are usually upheld, they may be struck down if the agency exceeded its power or the facts are not supported by substantial evidence.

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Definitions:

Decoding

The process of translating units of print into units of sound.

Syllables

Units of organization for sequences of speech sounds, typically consisting of a vowel sound with or without surrounding consonants.

Phonemes

The smallest units of sound in a language that can distinguish one word from another.

Decoding

The ability to interpret or translate a sequence of symbols (such as letters and words) into meaningful information.