Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways.His application was refused.Which one of the following would not be a ground upon which the decision of that clerk could be challenged?
A) The clerk, who was the only one to have reviewed the evidence, left the decision up to his secretary to make.
B) The clerk acted beyond the powers given him in the statute and regulations by considering matters not authorized in those enactments.
C) The clerk owned his own large truck that operated in competition with Joe in the same small community.
D) The clerk exercised a discretionary power given to him under the legislation.
E) The clerk decided that not enough women were doing this kind of job, and since Joe was a man, the licence was not renewed to correct the imbalance.

Question

Quizplus · Accepted Answer

The clerk exercising a discretionary power given to him under the legislation would not be a ground for challenging the decision, as long as the discretion was exercised within the bounds of the law and not for improper purposes.

Joe Approached a Provincial Government Clerk and Applied to Renew