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An appeal from the decision or determination of an administrative board to a higher officer or authority in the administrative system or to a court. 


In reviewing a claim, the scope of review is limited. 'If Congress has explicitly left a gap for the agency to fill, there is an express delegation of authority to the agency to elucidate a specific provision of the statute by regulation. Such legislative regulations are given controlling weight unless they are arbitrary, capricious, or manifestly contrary to the statute.' Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843-44, 81 L. Ed. 2d 694, 104 S. Ct. 2778 (1984) (upholding the EPA's construction of the Clean Air Act term 'stationary source'). When Congress delegates to an agency the power to promulgate rules, the [agency] adopts regulations with legislative effect. A reviewing court is not free to set aside those regulations simply because it would have interpreted the statute in a different manner. . . . The [rule] is therefore entitled to more than mere deference or weight. It can be set aside only if the [agency] exceeded [its] statutory authority or if the regulation is 'arbitrary, ...

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