DE Bar Administrative Law 3

Question 1

After Loper Bright Enterprises v. Raimondo (2024), how must federal courts treat an agency's interpretation of an ambiguous statute?

Accepted Answer

Exercise independent judgment on the statute's meaning rather than deferring under Chevron

Answer

Loper Bright overruled Chevron, requiring courts to interpret statutes independently while agency views may still carry persuasive weight.

Question 2

Which agency action is generally exempt from notice-and-comment requirements under APA principles?

Accepted Answer

An interpretive rule or general statement of policy

Answer

Interpretive rules, policy statements, and procedural rules are exempt from notice-and-comment rulemaking.

Question 3

In a formal administrative adjudication, procedural due process at minimum requires:

Accepted Answer

Notice of the charges and a meaningful opportunity to be heard before a neutral decision-maker

Answer

Due process in adjudication requires notice, an opportunity to be heard, and an impartial tribunal, not criminal-trial safeguards.

Question 4

A Delaware agency issues a decision unsupported by any record evidence and misapplies the governing statute. On appeal, the Superior Court should:

Accepted Answer

Reverse or remand because the decision lacks substantial evidence and contains legal error

Answer

A reviewing court sets aside agency action that is unsupported by substantial evidence or infected by errors of law.

Question 5

The doctrine of ripeness prevents judicial review when:

Accepted Answer

The agency action is not final and the dispute rests on contingent future events

Answer

Ripeness bars review of agency action that is not final or whose impact remains speculative.

(DE Bar) Delaware Bar Exam Practice Test