IN Bar Administrative Law 2

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?

Accepted Answer

30 days

Answer

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?

Accepted Answer

Review the interpretation de novo without deference

Answer

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?

Accepted Answer

Exhaustion of administrative remedies

Answer

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:

Accepted Answer

A nonfinal order subject to review by the ultimate authority

Answer

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?

Accepted Answer

The party asserting the action is invalid

Answer

Under IC 4-21.5-5-14, the burden of demonstrating invalidity rests on the party asserting that the agency action is invalid.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Administrative Law 2