CO Bar Administrative Law 3

Question 1

A party wants to challenge a Colorado agency rule as exceeding the agency's statutory authority. Under the Colorado APA, what is the primary judicial vehicle for such a facial challenge?

Accepted Answer

An action for declaratory judgment on the rule's validity

Answer

A writ of mandamus in county court

Answer

A petition to the Secretary of State

Answer

An interlocutory appeal to the court of appeals

Question 2

Under the exhaustion doctrine in Colorado administrative law, a court will generally decline review unless the plaintiff has:

Accepted Answer

Pursued all available administrative remedies before suing

Answer

Filed a bond covering the agency's costs

Answer

Obtained the Attorney General's consent to sue

Answer

Petitioned the Governor for relief first

Question 3

Which of the following is a recognized exception to the exhaustion requirement in Colorado?

Accepted Answer

Pursuing the administrative remedy would be futile

Answer

The claimant prefers a jury trial

Answer

The agency hearing would take more than a week

Answer

The claimant seeks money damages under $10,000

Question 4

A Colorado licensing board summarily suspends a license before a hearing. Under the APA and due process principles, summary suspension is permitted only when:

Accepted Answer

The agency finds the public health, safety, or welfare imperatively requires emergency action

Answer

The licensee has a prior disciplinary record

Answer

The board votes unanimously

Answer

The Attorney General approves in writing

Question 5

In Colorado administrative hearings, hearsay evidence is:

Accepted Answer

Admissible if it is the kind of evidence reasonably prudent persons rely on, though residuum concerns may limit its weight

Answer

Always inadmissible as in jury trials

Answer

Admissible only if both parties stipulate

Answer

Admissible only from government witnesses

Question 6

A rule adopted by a Colorado agency does not take effect until it is published where?

Accepted Answer

The Colorado Register

Answer

The Federal Register

Answer

A newspaper of general circulation in Denver

Answer

The agency's internal manual

Question 7

When a Colorado court reviews an agency's interpretation of its own governing statute, the court:

Accepted Answer

Gives the interpretation deference but is not bound and decides legal questions de novo

Answer

Must always adopt the agency's view

Answer

May not consider the agency's view at all

Answer

Certifies the question to the General Assembly