CDFA Pest Prevention Plant Regulation Practice Exam

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What does it mean if the Ag code states that the director MAY perform an act?

  1. It is permitted that he performs the act

  2. It is mandatory that he performs the act

  3. It is a moral obligation on his part to perform the act

  4. It is up to the legislature to incorporate the Director's rulings into the statutes

The correct answer is: It is permitted that he performs the act

When the agricultural code states that the director "MAY" perform an act, it indicates that the action is permissible but not required. This means the director has the discretion to decide whether or not to undertake the specified action based on the circumstances at hand. The use of the term "MAY" typically implies an option or a choice rather than an obligation, allowing the director to exercise their judgment in determining the most appropriate course of action. In this context, if the director evaluates a situation and decides that performing the act is beneficial or necessary, they can proceed. Conversely, they may also choose not to proceed if they believe it is not warranted. This level of discretion underscores the role of the director in making decisions tailored to specific situations within the scope of their authority.