How does a judicial review of an administrative agency action provide a check against agency excesses?

Question

What will be an ideal response?

Answer 1

After a regulation is promulgated by an administrative agency and is published in the Federal Register, it generally becomes law. Appellate courts have accepted agency-promulgated regulations as law unless a business or other affected groups or individuals can show the following:
a. The congressional delegation of legislative authority in the enabling act was unconstitutional because it was too vague and not limited.
b. An agency action violated a constitutional standard, such as the right to be free from unreasonable searches and seizures under the Fourth Amendment (for example, if an agency such as OSHA promulgated a rule that allowed its inspectors to search a business property at any time without its owners' permission and without an administrative search warrant, that rule would be in violation of the Fourth Amendment).
c. The act of an agency was beyond the scope of power granted to it by Congress in its enabling legislation.

Thus, judicial review of administrative agency action provides a check against agency excesses that can prove very costly to the business community.