Agencies are often charged with the establishment of testing and inspection to monitor legal compliance.Assuming a valid exercise of the agency's discretion,which of the following may be successfully challenged?

Question

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The validity or reliability of a test can be successfully challenged if it can be shown that the test does not accurately measure what it is intended to measure or produces inconsistent results. However, the agency's discretion in determining whether a test should be conducted, when it should be performed, and where it is to be performed is usually given deference by the courts.

Agencies Are Often Charged with the Establishment of Testing and Inspection