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
Filing a petition for judicial review of an Indiana agency order generally has what effect on the order's enforcement?
Answer: It does not stay the order; a stay must be separately requested
Under AOPA, judicial review does not automatically stay agency action; the petitioner must seek a stay from the agency or the court.
If an Indiana court finds an agency's factfinding unsupported, its proper remedy on judicial review is usually to:
Answer: Remand the matter to the agency or set aside the action
The reviewing court may set aside agency action and remand, but it may not substitute its own judgment on the facts for the agency's.
A business believes an adopted Indiana administrative rule exceeds the agency's statutory authority but faces no pending enforcement. Its best avenue is:
Answer: An action for declaratory judgment on the rule's validity
Indiana law permits a declaratory judgment action to test the validity or applicability of an administrative rule.
An Indiana agency circulates an internal guidance document it calls a nonrule policy statement. What is the key legal limit on that document?
Answer: It cannot have the binding force of law like a properly adopted rule
A nonrule policy statement is not adopted through rulemaking and therefore lacks the force of law of a duly promulgated rule.
A statute lets an agency set 'reasonable standards necessary to protect public safety.' A delegation challenge will most likely fail because:
Answer: The statute supplies an intelligible principle guiding agency discretion
A legislative delegation is valid when the statute provides sufficient standards or an intelligible principle to guide the agency's discretion.
An agency acting in a judicial capacity resolves a disputed factual issue after a full and fair hearing. In later court litigation, that determination:
Answer: May be given preclusive effect under res judicata principles
Administrative adjudications made in a judicial capacity with a full and fair opportunity to litigate can receive preclusive effect.
Before holding a contested evidentiary hearing under AOPA, the agency must give parties notice that includes, among other things:
Answer: The time, place, and nature of the hearing and the legal authority involved
AOPA notice requirements include the hearing's time, place, and nature, plus the legal authority and matters asserted.