Asked by Chasity Fields on May 01, 2024
Verified
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 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 noticed Joe had not completed continuing driving education, as required by regulation.
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.
Heavy Multi-Axle Truck
A heavy multi-axle truck is a large vehicle designed for transporting goods, characterized by having multiple sets of wheels or axles to support its substantial weight and cargo load.
Provincial Government Clerk
An administrative official working within the provincial government, responsible for handling clerical duties, record keeping, and other bureaucratic tasks.
Regulation
is a rule or directive made and maintained by an authority to control or govern behavior, often in a specific industry or activity.
- Identify the roles and constraints of judicial review within the realm of administrative law.
Verified Answer
ZK
Zybrea KnightMay 02, 2024
Final Answer :
D
Explanation :
The clerk's decision based on Joe not completing the required continuing driving education, as mandated by regulation, is a legitimate ground for refusing a licence renewal. This decision aligns with the enforcement of existing rules and regulations, which clerks are tasked to uphold.
Learning Objectives
- Identify the roles and constraints of judicial review within the realm of administrative law.