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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. For purposes of reviewing an Indiana agency's factual findings, 'substantial evidence' means:

    Answer: Relevant evidence a reasonable mind might accept as adequate to support the conclusion

    Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support the agency's conclusion.

  2. An agency reverses its longstanding position with no explanation and ignores an important aspect of the problem. A court would most likely find the action:

    Answer: Arbitrary and capricious

    Unexplained departures from prior policy and failure to consider important aspects of a problem are hallmarks of arbitrary and capricious action.

  3. Under AOPA, a party dissatisfied with an ALJ's nonfinal order generally must seek review by the agency's ultimate authority within:

    Answer: 15 days after service of the order

    AOPA gives a party 15 days after service to object to or seek ultimate-authority review of a nonfinal ALJ order.

  4. A witness refuses to comply with an Indiana agency's subpoena during a contested proceeding. How is the subpoena enforced?

    Answer: The agency applies to a court for an enforcement order

    Agencies lack contempt power, so subpoena enforcement requires application to a court, which may compel compliance.

  5. An ALJ takes official notice of a technical fact not in the record. What must the parties be afforded?

    Answer: An opportunity to contest the officially noticed fact

    When official notice is taken, parties must be notified and given an opportunity to contest the noticed material.

  6. A licensee argues due process was violated solely because the same agency both investigated and adjudicated her case. Under Withrow v. Larkin, this argument:

    Answer: Fails absent a showing of actual bias or special risk of unfairness

    Withrow v. Larkin holds that combining investigative and adjudicative functions does not, without more, violate due process.

  7. Which of the following is NOT a statutory ground for relief on judicial review under IC 4-21.5-5-14?

    Answer: The action is unwise as a matter of policy though lawful and supported by the record

    Courts may not set aside agency action merely because they disagree with its policy wisdom; review is limited to the statutory grounds.