CO Bar Administrative Law 4

Question 1

A homeowner challenges a county zoning board's quasi-judicial decision. In Colorado, the proper vehicle to review a local quasi-judicial action is typically:

Accepted Answer

C.R.C.P. 106(a)(4) certiorari review in district court

Answer

A Colorado APA petition under C.R.S. § 24-4-106

Answer

An original proceeding in the supreme court

Answer

A small claims action

Question 2

Under C.R.C.P. 106(a)(4), the reviewing court asks whether the local body:

Accepted Answer

Exceeded its jurisdiction or abused its discretion, based solely on the record

Answer

Reached the decision the judge would have reached

Answer

Complied with federal notice-and-comment procedures

Answer

Acted with unanimous member approval

Question 3

Which characteristic distinguishes a quasi-judicial action from a quasi-legislative one in Colorado?

Accepted Answer

It applies existing standards to specific facts affecting particular parties after required notice and hearing

Answer

It sets policy of general applicability for the future

Answer

It is always performed by elected officials

Answer

It cannot be reviewed by any court

Question 4

A state employee is terminated by a Colorado agency. The employee's right to a pre-termination opportunity to respond stems chiefly from:

Accepted Answer

Procedural due process protecting a property interest in continued employment

Answer

The Contract Clause

Answer

The Privileges and Immunities Clause

Answer

The Seventh Amendment

Question 5

Under the Colorado APA, an agency conducting rulemaking must hold a public hearing and allow submission of written comments; notice of proposed rulemaking must be published at least how long before the hearing?

Accepted Answer

20 days

Answer

10 days

Answer

45 days

Answer

90 days

Question 6

An agency decision is challenged as arbitrary and capricious under C.R.S. § 24-4-106(7). This standard asks primarily whether the agency:

Accepted Answer

Failed to consider relevant factors or lacked a rational basis for its action

Answer

Chose an outcome the reviewing judge dislikes

Answer

Ruled against the party with more witnesses

Answer

Took longer than 90 days to decide

Question 7

The Colorado Open Meetings Law (Sunshine Law) generally requires state public bodies to discuss public business in open meetings when:

Accepted Answer

Two or more members of a state public body meet to discuss public business

Answer

Any single member drafts a memo

Answer

Only when final votes are taken

Answer

Only during regular legislative sessions