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.
Exam tip one - some study questions require independent thought and the application of common sense. Do not be afraid to use these tools.
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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