If a statute provides for judicial review:
A) the statute is preempted by common law traditions
B) no other method may be used to establish a court's authority to hear a case
C) the agency head nevertheless is authorized to choose the most efficient means of
D) the APA authorizes the agency head to reject the statute and utilize a different method

Question

Quizplus · Accepted Answer

If a statute provides for judicial review, no other method may be used to establish a court's authority to hear a case. This means that the court must follow the procedures and standards set out in the statute in order to review the agency's decision. The existence of a statutory provision for judicial review does not necessarily preempt common law traditions. The APA does not authorize the agency head to reject the statute and utilize a different method. The agency head may have some discretion in choosing the most efficient means of implementing the judicial review provided for in the statute, but this does not affect the court's authority to hear the case.

If a Statute Provides for Judicial Review