Administrative Law Flashcards
7 cards from real IN 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
Under Indiana's Administrative Orders and Procedures Act (AOPA), a petition for judicial review of a final agency action must generally be filed within how many days after notice of the action?
Answer: 30 days
IC 4-21.5-5-5 requires the petition for judicial review to be filed within 30 days after notice of the agency action.
Following Indiana's 2024 legislation, how must an Indiana court treat a state agency's interpretation of a statute during judicial review?
Answer: Review the interpretation de novo without deference
Indiana law now directs courts to interpret statutes and rules de novo, giving no deference to the agency's legal interpretation.
A licensee wants to sue in court immediately after an adverse initial agency decision, skipping the agency's internal appeal. What doctrine bars this?
Answer: Exhaustion of administrative remedies
Exhaustion requires a party to complete all available administrative remedies before seeking judicial review under AOPA.
Under AOPA, when an administrative law judge is not the agency's ultimate authority, the ALJ's order is:
Answer: A nonfinal order subject to review by the ultimate authority
The ALJ's order is nonfinal and becomes final only through the agency's ultimate authority absent timely objection and review.
On judicial review of an Indiana agency action, who bears the burden of demonstrating the action's invalidity?
Answer: The party asserting the action is invalid
Under IC 4-21.5-5-14, the burden of demonstrating invalidity rests on the party asserting that the agency action is invalid.
An Indiana agency issues an emergency order under IC 4-21.5-4 suspending a license to protect public health. What must the agency then provide?
Answer: A prompt opportunity for an administrative hearing
Emergency orders take effect immediately, but the agency must promptly afford the affected party an opportunity for review through an administrative proceeding.
When an Indiana court conducts judicial review of an agency adjudication, its factual review is generally confined to:
Answer: The agency record created in the administrative proceeding
Judicial review under AOPA is limited to the agency record, and courts do not ordinarily receive new evidence.