IN Bar Administrative Law 3

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?

Accepted Answer

The petition is subject to dismissal

Answer

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:

Accepted Answer

Aggrieved or adversely affected by the agency action

Answer

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:

Accepted Answer

Provide public notice and an opportunity to comment

Answer

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:

Accepted Answer

Notice and an opportunity to be heard

Answer

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:

Accepted Answer

A prohibited ex parte communication

Answer

AOPA prohibits ex parte communications with the presiding ALJ on the merits of a contested proceeding.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Administrative Law 3