Reference no: EM131375210
DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith, incompetence, dishonesty, or improper dealing." Monique, while driving home late one night from a party, was stopped by the police and arrested for driving under the influence of alcohol. She pled guilty to the offense. When the Aesthetic and Massage Commission discovered the offense, the officials of the agency met, decided that Monique might drink on the job, and that she might pose a danger to students. Accordingly, her license to teach massage therapy was revoked. Monique threatened to sue to retain her license. Which of the following is true regarding the statement of the agency that Monique had no right to appeal to court?
A.Further information is needed regarding whether the agency was an executive agency or an independent agency because while actions of an independent agency may be appealed to court, actions of an executive agency may not be appealed to court
B. Because the agency was set up to protect the safety of the public, the agency representative is correct; and Monique has no right to a court action nd no right to enter into a contractual agreement with the agency regarding appeal rights.
C. The agency represenative was wrong; and if Monique cannot resolve the issue within the agency, she may appeal to court for juicial review
D. Because the agency was set up to protect the safety of the public, the agency representative is correct unless Monique can establish that she entered into a seperate contractul arrangement with the agency when she was hired that gave her the right to appeal decisions to court
E. Further information is needed regarding whether the agency was an executive agency because while actions of an executive agency may be appealed, actions of an independent agency may not be appealed to court
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