Question: Review of Rule Making
(a) Again, there are two issues that must be addressed by courts when they review the rulemaking (quasi-legislative) functions of agencies. What are these two issues? Explain each.
(b) A national bank sought permission from the comptroller of the currency to sell annuities. This permission was granted as "incidental to the business of banking." The Variable Annuity Life Insurance Company filed suit claiming the comptroller should not have granted this permission. What standard of review of this administrative decision should courts apply?