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Which of the Following Would Likely Be the Result If

Question 1

Multiple Choice

Which of the following would likely be the result if Monique appeals to court after she is unable to resolve the issue through the agency?


A) Her appeal would be immediately dismissed by the judge because she had no right to an appeal a decision of an agency of this type.
B) She would lose unless she could establish that she was singled out for unfair treatment based on a review of others in her position who pled guilty to similar charges.
C) She would lose unless she could establish bias against her because of her race, color, gender, age, or national origin.
D) She would lose because courts will review agency interpretations of regulations only when there is clear and convincing evidence of a factual dispute which is nonexistent because she pled guilty to the DUI charge.
E) She would likely win because it appears that the agency exceeded its authority under the statute in that her DUI conviction did not involve matters, such as honesty, that the statute was meant to protect.

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