IN Bar Administrative Law 3 — Questions and Answers
Question 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?
- The court may proceed using the parties' briefs alone
- The petition is subject to dismissal (Correct answer)
- The agency must reconstruct the record at its expense
- The deadline is treated as advisory only
Correct 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.
Question 2: To have standing for judicial review of an Indiana agency order, a petitioner generally must show they are:
- A taxpayer of the state
- A registered lobbyist
- An Indiana resident for at least one year
- Aggrieved or adversely affected by the agency action (Correct answer)
Correct answer: Aggrieved or adversely affected by the agency action
AOPA grants judicial review standing to persons aggrieved or adversely affected by the agency action.
Question 3: Before an Indiana agency adopts a legislative rule with the force of law under IC 4-22-2, it generally must:
- Provide public notice and an opportunity to comment (Correct answer)
- Obtain approval from the Indiana Supreme Court
- Hold a statewide referendum
- Secure consent from all regulated parties
Correct 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.
Question 4: Absent an emergency, due process ordinarily requires that before an Indiana agency revokes a professional license, the licensee receive:
- A jury trial
- Notice and an opportunity to be heard (Correct answer)
- Appointed counsel at state expense
- A unanimous vote of the agency board
Correct 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.
Question 5: During a contested AOPA proceeding, a party's attorney privately calls the ALJ to discuss the merits without notifying opposing counsel. This is:
- Permitted if the call is brief
- Permitted if disclosed after the final order
- A prohibited ex parte communication (Correct answer)
- Allowed because ALJs are not judges
Correct answer: A prohibited ex parte communication
AOPA prohibits ex parte communications with the presiding ALJ on the merits of a contested proceeding.
Question 6: Under Mathews v. Eldridge, which factor is NOT part of the balancing test for how much process is due?
- The private interest affected
- The risk of erroneous deprivation and value of added safeguards
- The government's interest, including fiscal and administrative burdens
- The subjective good faith of the agency officials (Correct answer)
Correct 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.
Question 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?
- Promptly move to disqualify the ALJ (Correct answer)
- Wait and raise bias for the first time on judicial review
- File a police report
- Demand a jury instead
Correct 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.
IN Bar Administrative Law 3
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?