If an agency, in enforcing a substantive (legislative) rule, does not follow its own procedural rules, a challenge to the agency's decision is likely to be upheld.

Question

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This is known as the "arbitrary and capricious" standard of review, where a court can overturn an agency decision if it finds that the agency did not follow proper procedures in making its decision.

If an Agency, in Enforcing a Substantive (Legislative) Rule, Does