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I will post questions from students here so everyone can benefit from the answers. I will also include exam tips and clarifications of questions. The blog will close the evening before the exam. New material will be added at the top.
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Exam tip one - some study questions require independent thought and the application of common sense. Do not be afraid to use these tools.
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What is the risk to the agency if it used an interpretive rule and the court says it should have been a legislative rule?
Why would this get into court - that is the key to understanding the question. What is the agency trying to do with the rule that would attract a challange, and what will happen to that action if the court rules that the agency needed a legislative rule?
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