A rule under Section 201.1525 may be challenged on grounds of noncompliance with the section. True or False?

A rule under Section 201.1525 may be challenged on grounds of noncompliance with the section. True or False?

• A. True
• B. Not specified
• C. False
• D. Only in court

Answer: (C)

The key idea is how a rule gets challenged: you don’t attack the rule by saying it didn’t comply with the very section that authorizes it. A rule is permissible only if it has proper statutory authority and was adopted following the required procedures. If a challenge is to be made, it should focus on whether the rule exceeds the authority granted by the statute or violates procedural/constitutional requirements, not on whether the rule itself failed to comply with the enabling section as a separate ground. Because challenging a rule for “noncompliance with the section” is not the proper basis under typical administrative-law review, the statement is false.

The key idea is how a rule gets challenged: you don’t attack the rule by saying it didn’t comply with the very section that authorizes it. A rule is permissible only if it has proper statutory authority and was adopted following the required procedures. If a challenge is to be made, it should focus on whether the rule exceeds the authority granted by the statute or violates procedural/constitutional requirements, not on whether the rule itself failed to comply with the enabling section as a separate ground. Because challenging a rule for “noncompliance with the section” is not the proper basis under typical administrative-law review, the statement is false.