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1. The first theory on which to challenge an agency rule is that it is arbitrary, capricious, an abuse of discretion, or in violation of some other law. This rule requires the agency to show evidence to support the proposed rule.
2. The second theory is that the regulation is unsupported by substantial evidence. The substantial evidence test is applied in review of formal and hybrid rulemaking. Substantial evidence requires that more convincing evidence exist in support of the regulation than against it.
3. A third theory involves the rule that regulation can be set aside if agency did not comply with the APA requirements of notice, publication, and public comment or input. The procedures for rulemaking must be followed in order for the regulatory process and resulting rules to be valid.
4. A forth theory involves checking if the regulation is unconstitutional.
5. A fifth theory for challenging regulation in court is ultra vires
, which means that regulation is one that goes beyond the authority given to the agency in its enabling act.
c.
Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why?
I think if somebody wants to challenge this regulation, he or she should try to use the second theory that the regulation is unsupported by substantial evidence. Substantial evidence is a legal concept that an individual piece of evidence is so sufficient that a reasonable person of sound mind could convict or acquit based on that one piece of evidence alone.
In
application, substantial evidence is essentially so considerable that any reasonable person would agree with the claim that the evidence substantiates; it also fundamentally compels the jury or judge to rule in favor of that claim, as no other evidence or testimony can disestablish the

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