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Judicial Review of Agency Licensing and Permitting Decisions

Description: This quiz assesses your understanding of the principles and procedures governing judicial review of agency licensing and permitting decisions.
Number of Questions: 15
Created by:
Tags: administrative law judicial review licensing permitting
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Which of the following is NOT a ground for judicial review of an agency licensing or permitting decision?

  1. Lack of jurisdiction

  2. Abuse of discretion

  3. Error of law

  4. Substantial evidence


Correct Option: D
Explanation:

Substantial evidence is a standard of review used to determine whether an agency decision is supported by evidence that a reasonable person would consider adequate to support the decision. It is not a ground for judicial review.

In conducting judicial review of an agency licensing or permitting decision, a court will typically consider which of the following factors?

  1. The agency's expertise in the subject matter

  2. The importance of the public interest at stake

  3. The procedural fairness of the agency's decision-making process

  4. All of the above


Correct Option: D
Explanation:

Courts consider all of these factors when conducting judicial review of an agency licensing or permitting decision.

Which of the following is a common remedy that a court may order in a case involving judicial review of an agency licensing or permitting decision?

  1. Injunction

  2. Mandamus

  3. Declaratory judgment

  4. All of the above


Correct Option: D
Explanation:

Injunctions, mandamus, and declaratory judgments are all common remedies that courts may order in cases involving judicial review of agency licensing or permitting decisions.

Which of the following is a type of judicial review in which the court reviews the agency's decision on the basis of the administrative record?

  1. De novo review

  2. Arbitrary and capricious review

  3. Substantial evidence review

  4. None of the above


Correct Option: C
Explanation:

Substantial evidence review is a type of judicial review in which the court reviews the agency's decision on the basis of the administrative record to determine whether it is supported by substantial evidence.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was arbitrary and capricious?

  1. De novo review

  2. Arbitrary and capricious review

  3. Substantial evidence review

  4. None of the above


Correct Option: B
Explanation:

Arbitrary and capricious review is a type of judicial review in which the court reviews the agency's decision to determine whether it was arbitrary and capricious.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the law?

  1. De novo review

  2. Arbitrary and capricious review

  3. Error of law review

  4. None of the above


Correct Option: C
Explanation:

Error of law review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the law.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's own rules and procedures?

  1. De novo review

  2. Arbitrary and capricious review

  3. Procedural review

  4. None of the above


Correct Option: C
Explanation:

Procedural review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's own rules and procedures.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the Constitution?

  1. De novo review

  2. Arbitrary and capricious review

  3. Constitutional review

  4. None of the above


Correct Option: C
Explanation:

Constitutional review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the Constitution.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the public interest?

  1. De novo review

  2. Arbitrary and capricious review

  3. Public interest review

  4. None of the above


Correct Option: C
Explanation:

Public interest review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the public interest.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's mission?

  1. De novo review

  2. Arbitrary and capricious review

  3. Mission review

  4. None of the above


Correct Option: C
Explanation:

Mission review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's mission.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's budget?

  1. De novo review

  2. Arbitrary and capricious review

  3. Budget review

  4. None of the above


Correct Option: C
Explanation:

Budget review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's budget.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's staffing levels?

  1. De novo review

  2. Arbitrary and capricious review

  3. Staffing review

  4. None of the above


Correct Option: C
Explanation:

Staffing review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's staffing levels.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's resources?

  1. De novo review

  2. Arbitrary and capricious review

  3. Resource review

  4. None of the above


Correct Option: C
Explanation:

Resource review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's resources.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's policies?

  1. De novo review

  2. Arbitrary and capricious review

  3. Policy review

  4. None of the above


Correct Option: C
Explanation:

Policy review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's policies.

Which of the following is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's regulations?

  1. De novo review

  2. Arbitrary and capricious review

  3. Regulation review

  4. None of the above


Correct Option: C
Explanation:

Regulation review is a type of judicial review in which the court reviews the agency's decision to determine whether it was made in accordance with the agency's regulations.

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