Question: The FTC files a formal complaint against TIP Tech for violating its new rule by advertising directly to consumers. The ALJ's initial order finds in
The FTC files a formal complaint against TIP Tech for violating its new rule by advertising directly to consumers. The ALJ's initial order finds in favor of the FTC, so TIP Tech appeals all the way to the federal appeals court because the company knows one of the appellate court judges thinks the FTC's new rule is a bad policy. When the case gets to the appellate court judge's courtroom, can they overturn the agency's decision? Yes, because the appellate court reviews the agency's interpretation of the legal issues in the case de novo O No, as long as the agency's interpretation of the legislation giving rise to the rule. TIP Tech violated was reasonable O No, because the appellate court reviews the agency's interpretation of the legal issues in the case de novo O Yes, if the judge believes the rule to be bad policy
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