If an agency causes a substantial loss to a business by enforcement of its laws, that business:

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The business may seek damages if the agency acted in bad faith. Bad faith includes situations where the agency acted with malice or intentionally disregarded the business's rights. However, the business cannot always hold the agency liable for damages, as the agency may be protected by qualified immunity or other legal defenses. Compliance with guidelines may not necessarily shield the agency from liability if the guidelines themselves were found to be unreasonable or unconstitutional.

If an Agency Causes a Substantial Loss to a Business