Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, was committed to enforcing the statute 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 concluded 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 Accordingly, her license to teach massage therapy was revoked.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 and was told by the agency head that she had no right to appeal to court because of the nature of the Aesthetic and Massage Commission, and that, in any event, action by an agency is always upheld. Which of the following is TRUE regarding the statement of the agency that Monique had no right to appeal to court?

Respuesta :

The agency representative is incorrect because while agency actions are usually upheld, they may be struck down if the agency, for example, exceeded its power.

Explanation:

Monique helps in training massage therapists and he also got license for the same. Aesthetic and Massage Commission laid a rule that licensed massage therapists should be free from incompetence, dishonesty, any act or conduct indicating bad faith and improper dealing.

One day when Monique was driving home late night from a party, he was stopped and arrested by police. Police claimed that Monique was drunk. This came to notice of Aesthetic and Massage Commission and they revoked the license of Monique.