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

C.R.S. § 24-4-106(2) allows an action for declaratory judgment to determine the validity of a rule.

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

Colorado courts require exhaustion of administrative remedies before judicial review unless an exception, such as futility, applies.

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

Colorado excuses exhaustion where the administrative remedy would be futile or inadequate, or where the issue is purely legal.

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

C.R.S. § 24-4-104 permits summary suspension only upon a finding that public health, safety, or welfare imperatively requires emergency action, with a prompt hearing to follow.

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

The APA relaxes formal evidence rules, admitting evidence that reasonably prudent persons rely upon in the conduct of serious affairs.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Administrative Law 3