DE Bar Administrative Law 2 — Questions and Answers
Question 1: Under the Delaware Administrative Procedures Act, what must an agency generally do before adopting a substantive regulation?
- Publish notice in the Register of Regulations and allow public comment (Correct answer)
- Obtain approval from the Delaware Supreme Court
- Hold a statewide referendum
- Secure the Governor's signature on the regulation
Correct 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.
Question 2: A party appeals a Delaware administrative agency's factual findings to the Superior Court. What standard of review typically applies?
- Substantial evidence on the record (Correct answer)
- De novo review of all facts
- Clear and convincing evidence
- Beyond a reasonable doubt
Correct 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.
Question 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:
- Failure to exhaust administrative remedies (Correct answer)
- Lack of personal jurisdiction
- The political question doctrine
- Sovereign immunity waiver
Correct answer: Failure to exhaust administrative remedies
Exhaustion requires a party to pursue available administrative remedies before seeking judicial relief.
Question 4: Which body publishes and codifies Delaware agency regulations?
- The Registrar of Regulations (Correct answer)
- The Delaware Court of Chancery
- The Secretary of State's licensing bureau
- The Attorney General's opinion unit
Correct answer: The Registrar of Regulations
The Registrar of Regulations publishes the monthly Register of Regulations and maintains the Delaware Administrative Code.
Question 5: An agency denies a professional license after an evidentiary hearing. This agency action is best characterized as:
- Adjudication (Correct answer)
- Rulemaking
- Investigation
- Ratemaking of general applicability
Correct answer: Adjudication
Case-by-case determinations of individual rights after a hearing constitute adjudication rather than rulemaking.
Question 6: Under Delaware's Freedom of Information Act, meetings of public bodies must generally be:
- Open to the public with advance notice and a posted agenda (Correct answer)
- Closed unless a citizen petitions for access
- Held only in Dover
- Transcribed by a certified court reporter
Correct 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.
Question 7: A legislature gives an agency power to regulate 'in the public interest' with no other guidance. A challenge to this grant would invoke:
- The nondelegation doctrine (Correct answer)
- The dormant Commerce Clause
- Procedural due process
- The Contracts Clause
Correct answer: The nondelegation doctrine
The nondelegation doctrine requires the legislature to supply an intelligible principle when delegating authority to agencies.
DE Bar Administrative Law 2
Under the Delaware Administrative Procedures Act, what must an agency generally do before adopting a substantive regulation?