CO Bar Administrative Law 2 — Questions and Answers
Question 1: Under the Colorado Administrative Procedure Act (APA), a proposed rule must generally be submitted to which office for an opinion on its constitutionality and legality before adoption?
- The Attorney General (Correct answer)
- The Secretary of State
- The Governor's Office of Legal Counsel
- The Colorado Supreme Court
Correct answer: The Attorney General
C.R.S. § 24-4-103 requires the Attorney General to issue an opinion on the constitutionality and legality of proposed rules.
Question 2: A Colorado agency denies a professional license after an evidentiary hearing. What standard of proof generally applies in such adjudicatory hearings under the state APA?
- Preponderance of the evidence (Correct answer)
- Clear and convincing evidence
- Beyond a reasonable doubt
- Substantial evidence
Correct answer: Preponderance of the evidence
Colorado administrative adjudications generally use the preponderance of the evidence standard unless a statute provides otherwise.
Question 3: Under the Colorado APA, a person seeking judicial review of a final agency action in district court must generally file within how many days after the agency action becomes effective?
- 35 days (Correct answer)
- 30 days
- 49 days
- 63 days
Correct answer: 35 days
C.R.S. § 24-4-106(4) requires commencement of judicial review within 35 days after the agency action becomes effective.
Question 4: A Colorado agency adopts an emergency rule without notice and comment. How long may an emergency (temporary) rule remain in effect under the Colorado APA?
- No longer than 120 days (Correct answer)
- No longer than 60 days
- Until the next legislative session ends
- Indefinitely, if renewed monthly
Correct answer: No longer than 120 days
Emergency rules adopted under C.R.S. § 24-4-103(6) may not remain in effect longer than 120 days.
Question 5: In reviewing a Colorado agency's factual findings after a formal hearing, a court will set them aside only if they are:
- Unsupported by substantial evidence in the record as a whole (Correct answer)
- Not proven beyond a reasonable doubt
- Contradicted by any witness testimony
- Based partly on hearsay
Correct answer: Unsupported by substantial evidence in the record as a whole
Under C.R.S. § 24-4-106(7), agency findings of fact stand unless unsupported by substantial evidence when the record is considered as a whole.
Question 6: Which body in Colorado reviews adopted rules and may recommend that the General Assembly allow rules to expire?
- The Committee on Legal Services (Correct answer)
- The Joint Budget Committee
- The Office of Administrative Courts
- The State Auditor
Correct answer: The Committee on Legal Services
The Committee on Legal Services reviews rules annually and recommends whether the General Assembly should extend or let them expire under the rule review bill process.
Question 7: An administrative law judge (ALJ) at the Colorado Office of Administrative Courts issues an initial decision. If no party files exceptions, what generally happens?
- The initial decision becomes the final agency decision (Correct answer)
- The decision is automatically vacated
- The agency head must still hold a new hearing
- The case transfers to district court for trial de novo
Correct answer: The initial decision becomes the final agency decision
Under C.R.S. § 24-4-105, an ALJ's initial decision becomes the agency's final decision if no exceptions are timely filed and the agency does not review it on its own motion.
CO Bar Administrative Law 2
Under the Colorado Administrative Procedure Act (APA), a proposed rule must generally be submitted to which office for an opinion on its constitutionality and legality before adoption?