CO Bar Administrative Law 5

Question 1

A Colorado agency issues a 'declaratory order' at a regulated party's request. The purpose of such an order under the APA is to:

Accepted Answer

Terminate a controversy or remove uncertainty about how a statute or rule applies to the petitioner

Answer

Impose fines without a hearing

Answer

Amend the agency's enabling statute

Answer

Overrule prior court decisions

Question 2

The nondelegation doctrine in Colorado requires that when the General Assembly delegates power to an agency, it must provide:

Accepted Answer

Sufficient standards and safeguards to guide the agency's exercise of discretion

Answer

A sunset date of no more than two years

Answer

Approval by statewide ballot

Answer

A guarantee of judicial immunity for the agency

Question 3

A party appearing before a Colorado agency claims the hearing officer was biased. To disqualify the decision-maker on due process grounds, the party generally must show:

Accepted Answer

Actual bias or circumstances creating an intolerably high risk of prejudgment, overcoming the presumption of integrity

Answer

That the officer previously worked for any government agency

Answer

That the officer ruled against the party on a motion

Answer

Mere familiarity with the facts of the case

Question 4

Which statement best describes the effect of an agency's failure to follow its own procedural rules in a Colorado adjudication?

Accepted Answer

The action may be set aside if the violation prejudiced the complaining party's substantial rights

Answer

The action is automatically void regardless of prejudice

Answer

The failure is never reviewable

Answer

Only criminal penalties apply

Question 5

Under the Colorado Open Records Act (CORA), a custodian who denies inspection of a public record must, upon request, provide:

Accepted Answer

A written statement of the grounds for denial citing the statute or authority relied on

Answer

An oral explanation within one year

Answer

Nothing, as denials need not be explained

Answer

A copy of the record with all text redacted

Question 6

A Colorado agency seeks to impose a fine through an adjudication but the governing statute nowhere authorizes monetary penalties. The resulting order is:

Accepted Answer

Invalid because agencies possess only the powers granted expressly or by necessary implication

Answer

Valid under the agency's inherent police power

Answer

Valid if approved by the Governor

Answer

Valid if the fine is under $1,000

Question 7

After exceptions are filed to an ALJ's initial decision, the Colorado agency head reviewing the decision may reverse the ALJ's findings of evidentiary fact only if they are:

Accepted Answer

Contrary to the weight of the evidence

Answer

Merely debatable

Answer

Based on witness credibility the agency disputes without record support

Answer

Unpopular with the regulated community