CAS Bar Administrative and Regulatory Law 3

Question 1

Under the 'arbitrary and capricious' standard of review, a reviewing court will set aside agency action when the agency:

Accepted Answer

Failed to consider an important aspect of the problem or offered an implausible explanation

Answer

Under Motor Vehicle Manufacturers Ass'n v. State Farm, an agency acts arbitrarily and capriciously when it fails to consider a relevant factor or offers a rationale that contradicts the evidence.

Question 2

The 'substantial evidence' standard of review applies when:

Accepted Answer

A court reviews formal agency adjudication or rulemaking on the record

Answer

The substantial evidence standard under APA §706(2)(E) applies to formal proceedings conducted on the record, requiring evidence a reasonable mind might accept as adequate support.

Question 3

Primary jurisdiction doctrine differs from exhaustion of administrative remedies in that primary jurisdiction:

Accepted Answer

Is invoked by courts to refer issues to agencies that have not yet acted, even when no administrative remedy exists

Answer

Primary jurisdiction allows a court to stay proceedings and refer a matter to an agency with specialized expertise, even if no prior administrative process is required.

Question 4

In California administrative proceedings, due process generally requires that a party facing license revocation receive:

Accepted Answer

Notice of the charges and an opportunity to be heard before a final deprivation

Answer

Due process requires notice and a meaningful opportunity to be heard before the government deprives a person of a protected property interest such as a professional license.

Question 5

Which of the following best describes California's Office of Administrative Hearings (OAH)?

Accepted Answer

A centralized panel of administrative law judges that conducts hearings for most state agencies

Answer

California OAH provides neutral ALJs to conduct evidentiary hearings for more than 50 state and local agencies under the APA's Administrative Adjudication provisions.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Administrative and Regulatory Law 3