Although specific provisions address review of adjudication, legislation creating and empowering Agency is silent regarding review of Agency rule making. B. proper in any federal district court with jurisdiction. C. improper because there is nothing in the statute providing for review. D. likely to be improper if the agency is subject to legislative veto. Agency has completed a formal adjudication in which it applied for the first time a standard of conduct based on a common law rule.
Petitioner seeks review of the decision.
A. Any court with jurisdiction is likely to review de novo. B. Petitioner will lose if the agency has any authority whatsoever to adopt the standard. C. Petitioner will prevail if the decision is capricious and arbitrary. D. Petitioner will prevail if the agency's analysis of the common law is incorrect. In a formal adjudication, Agency reversed an earlier decision and ordered Client to release certain information to a union attempting to organize its employees.