Question

If Betsy DeVos, the Secretary of Education, changes a policy without giving fair notice to the schools it impacts, and does not give a reason for the change, then that change is

a. a valid change because agencies have unlimited power.

b. invalid because the Secretary of Education does not have the power to implement policy.

c. a valid change because she is in the President's cabinet.

d. arbitrary and capricious.

Answer 1

If Betsy DeVos, the Secretary of Education, changes a policy without giving fair notice to the schools it impacts, and does not give a reason for the change, then that change is:

d. arbitrary and capricious.

When an action is not based upon consideration of relevant factors, it is called arbitrary and capricious. So here the change is arbitrary and capricious because the Secretary of Education changes the policy without adequate consideration of the needs of school. Betsy Devos, changes a policy and does not give a reason for the change, so the change is arbitrary and capricious.