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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

  1. A petitioner seeking judicial review under AOPA fails to file the agency record within the statutory period and obtains no extension. What is the consequence?

    Answer: The petition is subject to dismissal

    Indiana courts have held that failure to timely file the agency record deprives the petitioner of judicial review and warrants dismissal.

  2. To have standing for judicial review of an Indiana agency order, a petitioner generally must show they are:

    Answer: Aggrieved or adversely affected by the agency action

    AOPA grants judicial review standing to persons aggrieved or adversely affected by the agency action.

  3. Before an Indiana agency adopts a legislative rule with the force of law under IC 4-22-2, it generally must:

    Answer: Provide public notice and an opportunity to comment

    Indiana's rulemaking statute requires public notice and an opportunity for comment before a rule is adopted.

  4. Absent an emergency, due process ordinarily requires that before an Indiana agency revokes a professional license, the licensee receive:

    Answer: Notice and an opportunity to be heard

    A license is a protected property interest, so revocation requires notice and a meaningful opportunity to be heard before deprivation absent emergency circumstances.

  5. During a contested AOPA proceeding, a party's attorney privately calls the ALJ to discuss the merits without notifying opposing counsel. This is:

    Answer: A prohibited ex parte communication

    AOPA prohibits ex parte communications with the presiding ALJ on the merits of a contested proceeding.

  6. Under Mathews v. Eldridge, which factor is NOT part of the balancing test for how much process is due?

    Answer: The subjective good faith of the agency officials

    Mathews balances the private interest, the risk of error with additional safeguards, and the government's interest; officials' good faith is not a factor.

  7. A party learns mid-hearing that the ALJ has a financial stake in the outcome. What should the party do to preserve the issue?

    Answer: Promptly move to disqualify the ALJ

    Claims of ALJ bias or disqualification must be raised promptly before the agency or they are generally waived.