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Administrative Law Flashcards

7 cards from real DE BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Administrative Law flashcards as text

  1. Under the Delaware Administrative Procedures Act, what must an agency generally do before adopting a substantive regulation?

    Answer: Publish notice in the Register of Regulations and allow public comment

    The Delaware APA requires notice of proposed regulations in the Register of Regulations and an opportunity for public comment before adoption.

  2. A party appeals a Delaware administrative agency's factual findings to the Superior Court. What standard of review typically applies?

    Answer: Substantial evidence on the record

    Delaware courts review agency factual findings to determine whether they are supported by substantial evidence and free from legal error.

  3. A claimant sues an agency in court without first requesting the administrative hearing the statute provides. The court will most likely dismiss because of:

    Answer: Failure to exhaust administrative remedies

    Exhaustion requires a party to pursue available administrative remedies before seeking judicial relief.

  4. Which body publishes and codifies Delaware agency regulations?

    Answer: The Registrar of Regulations

    The Registrar of Regulations publishes the monthly Register of Regulations and maintains the Delaware Administrative Code.

  5. An agency denies a professional license after an evidentiary hearing. This agency action is best characterized as:

    Answer: Adjudication

    Case-by-case determinations of individual rights after a hearing constitute adjudication rather than rulemaking.

  6. Under Delaware's Freedom of Information Act, meetings of public bodies must generally be:

    Answer: Open to the public with advance notice and a posted agenda

    Delaware FOIA requires public bodies to give advance notice, post agendas, and open their meetings to the public absent a valid executive-session ground.

  7. A legislature gives an agency power to regulate 'in the public interest' with no other guidance. A challenge to this grant would invoke:

    Answer: The nondelegation doctrine

    The nondelegation doctrine requires the legislature to supply an intelligible principle when delegating authority to agencies.