; (C) defer to factual or legal conclusions of another person or entity, rather than exercising independent review; or (D) rely on a post hoc justification for the action of an occupational licensing board that was not put forward by the board at the time of the challenged action. (c) Rule of construction Nothing in subsection (b) shall be construed to require legislation enacted by a State under subsection (a)(3) to provide a right to recover monetary damages, other than reasonable costs and attorney fees as provided under subsection (b)(1)(D).