CO Bar Administrative Law 2

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?

Accepted Answer

The Attorney General

Answer

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?

Accepted Answer

Preponderance of the evidence

Answer

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?

Accepted Answer

35 days

Answer

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?

Accepted Answer

No longer than 120 days

Answer

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:

Accepted Answer

Unsupported by substantial evidence in the record as a whole

Answer

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.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Administrative Law 2