ICC Permit Technician Practice Exam

What describes an administrative decision made without proper legal or factual basis?

1. Ministerial

2. Unconstitutional

3. Unfounded

4. Arbitrary and capricious

The correct answer is: Arbitrary and capricious

The term "arbitrary and capricious" refers to an administrative decision that is made without a proper legal or factual basis, often resulting in a decision that is unreasonable or not grounded in evidence. In the context of administrative law, a decision that is arbitrary is one that lacks a rational connection between the facts and the decision made. Capriciousness implies a whim or a sudden change, which also suggests a lack of a well-thought-out basis for the decision. This concept is important in ensuring that administrative actions carry a level of accountability, particularly in contexts where those decisions can significantly impact individuals or communities. Courts often review such decisions to determine if they are indeed arbitrary and capricious, which protects against potential abuses of power or inconsistencies in the application of laws and regulations. In contrast, while terms like "unconstitutional" refer to decisions that violate constitutional provisions, and "unfounded" indicates a lack of supporting evidence, "arbitrary and capricious" specifically captures the essence of decision-making that is disconnected from established legal principles and factual grounding. Thus, it accurately describes the scenario presented in the question.