KY Bar Administrative Law 2

Question 1

Under Kentucky's KRS Chapter 13A, what must an administrative agency have before promulgating an administrative regulation?

Accepted Answer

Express or implied statutory authority delegated by the General Assembly

Answer

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?

Accepted Answer

Whether the findings are supported by substantial evidence in the record

Answer

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?

Accepted Answer

The Administrative Regulation Review Subcommittee of the legislature

Answer

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?

Accepted Answer

30 days

Answer

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?

Accepted Answer

Exhaustion of administrative remedies

Answer

Kentucky courts generally will not review agency action until the party has exhausted the administrative remedies available.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Administrative Law 2