IN Bar Administrative Law 2 — Questions and Answers
Question 1: 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?
- 30 days (Correct answer)
- 60 days
- 15 days
- 90 days
Correct 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.
Question 2: Following Indiana's 2024 legislation, how must an Indiana court treat a state agency's interpretation of a statute during judicial review?
- Defer if the interpretation is reasonable
- Review the interpretation de novo without deference (Correct answer)
- Defer unless the statute is unambiguous
- Accept it unless clearly erroneous
Correct 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.
Question 3: A licensee wants to sue in court immediately after an adverse initial agency decision, skipping the agency's internal appeal. What doctrine bars this?
- Ripeness
- Primary jurisdiction
- Exhaustion of administrative remedies (Correct answer)
- Sovereign immunity
Correct answer: Exhaustion of administrative remedies
Exhaustion requires a party to complete all available administrative remedies before seeking judicial review under AOPA.
Question 4: Under AOPA, when an administrative law judge is not the agency's ultimate authority, the ALJ's order is:
- Immediately final and enforceable
- Void unless ratified by the governor
- Automatically stayed for 90 days
- A nonfinal order subject to review by the ultimate authority (Correct answer)
Correct 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.
Question 5: On judicial review of an Indiana agency action, who bears the burden of demonstrating the action's invalidity?
- The agency defending the action
- The party asserting the action is invalid (Correct answer)
- The attorney general
- Neither party; review is de novo on all facts
Correct 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.
Question 6: 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?
- A prompt opportunity for an administrative hearing (Correct answer)
- A full trial in circuit court within 10 days
- Compensation for lost income
- Nothing; emergency orders are unreviewable
Correct 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.
Question 7: When an Indiana court conducts judicial review of an agency adjudication, its factual review is generally confined to:
- Any evidence either party wishes to introduce
- A new evidentiary trial before the judge
- The agency record created in the administrative proceeding (Correct answer)
- Affidavits submitted with the petition
Correct 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.
IN Bar Administrative Law 2
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?