Agency Discretion in the Case Term Paper

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The agency therefore arbitrarily uses its discretion to refuse the respondents' request.

The case presents a number of difficulties in terms of reviewability. The agency does have the right to refuse the requested action to remove drugs as a result of misbranding, and relating to the fact that an approved drug is used for an unapproved purpose. The respondents' claims in this regard are not relevant to the right of the agency to used discretion in its refusal to take action.

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Because of the very vagueness relating to the jurisdiction of the FDA, the agency does have the right to make a final decision in this regard, which it deems most beneficial for the judiciary parties involved.

As the respondents were mainly irrelevant in their arguments in appeal attempts, the agency has the right of discretion in its final decision to refuse.

Source

Hall, Daniel E. (1994). Administrative Law: Bureaucracy in a Democracy. New Jersey: Pearson/Prentice Hall......

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