KY Bar Administrative Law 2 — Questions and Answers
Question 1: Under Kentucky's KRS Chapter 13A, what must an administrative agency have before promulgating an administrative regulation?
- Express or implied statutory authority delegated by the General Assembly (Correct answer)
- Approval from the Kentucky Supreme Court
- A public referendum in affected counties
- Consent of the Attorney General
Correct answer: Express or implied statutory authority delegated by the General Assembly
KRS Chapter 13A requires that an agency act only within the rulemaking authority delegated to it by statute.
Question 2: A Kentucky agency denies a professional license after an administrative hearing under KRS Chapter 13B. What standard of review does a circuit court apply to the agency's factual findings?
- De novo review of all facts
- Clear and convincing evidence review
- Whether the findings are supported by substantial evidence in the record (Correct answer)
- Whether any scintilla of evidence exists
Correct answer: Whether the findings are supported by substantial evidence in the record
Under KRS 13B.150, courts review agency factual findings for support by substantial evidence on the whole record.
Question 3: Before most Kentucky administrative regulations become effective, they must be reviewed by which body?
- The Governor's cabinet
- The Administrative Regulation Review Subcommittee of the legislature (Correct answer)
- The Kentucky Court of Appeals
- The Secretary of State's rules commission
Correct answer: The Administrative Regulation Review Subcommittee of the legislature
KRS Chapter 13A routes proposed regulations through the legislative Administrative Regulation Review Subcommittee before they take effect.
Question 4: A party wishes to challenge a final order issued after a KRS Chapter 13B hearing. Within how many days of the final order must the petition for judicial review generally be filed in circuit court?
- 10 days
- 60 days
- 90 days
- 30 days (Correct answer)
Correct answer: 30 days
KRS 13B.140 generally requires a petition for judicial review to be filed within 30 days after the final order is mailed or delivered.
Question 5: Which doctrine generally requires a party to pursue all available administrative remedies before seeking judicial relief in Kentucky courts?
- Collateral estoppel
- Sovereign immunity
- Exhaustion of administrative remedies (Correct answer)
- The political question doctrine
Correct answer: Exhaustion of administrative remedies
Kentucky courts generally will not review agency action until the party has exhausted the administrative remedies available.
Question 6: Under Kentucky law, an agency regulation that conflicts with the statute it implements is:
- Void because a regulation cannot exceed or contradict its enabling statute (Correct answer)
- Valid if the agency followed proper procedures
- Valid until the legislature amends the statute
- Enforceable only against state employees
Correct answer: Void because a regulation cannot exceed or contradict its enabling statute
A regulation inconsistent with its enabling statute exceeds the agency's delegated authority and is a nullity.
Question 7: In a KRS Chapter 13B administrative hearing, which party generally bears the burden of proof when an agency seeks to revoke an existing license?
- The licensee
- The hearing officer
- The Attorney General
- The agency proposing the revocation (Correct answer)
Correct answer: The agency proposing the revocation
Under KRS 13B.090, the agency bears the burden when it seeks to impose a penalty or revoke a benefit such as an existing license.
KY Bar Administrative Law 2
Under Kentucky's KRS Chapter 13A, what must an administrative agency have before promulgating an administrative regulation?