Author Question: The secretary of commerce, pursuant to his rule-making authority, adopted regulations concerning ... (Read 138 times)

D2AR0N · **on:** Jul 12, 2018

The secretary of commerce, pursuant to his rule-making authority, adopted regulations concerning overfishing, which prohibited persons holding general fishing permits from using spotter aircraft, but allowed other persons holding special licenses to use them. Plaintiffs brought suit to challenge the regulation. What will they have to show in order to overturn the regulation?

a. That the agency acted arbitrarily and capriciously in enacting its regulation
b. That the agency did not establish the necessity of the regulation by clear and convincing evidence
c. That the agency did not establish the necessity of the regulation beyond a reasonable doubt
d. That the agency did not establish the necessity of the regulation by a preponderance of the evidence

Question 2

Which of the following are possible ways to help create financial equality among public school pupils?

A. total state funding of public schools
B. school district consolidation
C. greater reliance on property taxes for school financing
D. (A) and (B) only
E. (A) and (C) only