KY Bar Administrative Law 3 — Questions and Answers
Question 1: A Kentucky hearing officer under KRS Chapter 13B issues a recommended order. What may the agency head do with it?
- Accept, modify, or reject it in the final order, stating reasons for any modification (Correct answer)
- Nothing; the recommended order is automatically final
- Only accept or appeal it to circuit court
- Return it to the officer with mandatory factual changes
Correct answer: Accept, modify, or reject it in the final order, stating reasons for any modification
KRS 13B.120 allows the agency head to accept, modify, or reject the recommended order, giving reasons for departures.
Question 2: Which of the following state agency actions is generally NOT subject to the hearing requirements of KRS Chapter 13B?
- Revoking an individual's occupational license
- Denying an application for public benefits after request for hearing
- Promulgating a regulation of general applicability (Correct answer)
- Imposing a civil penalty on a specific business
Correct answer: Promulgating a regulation of general applicability
Chapter 13B governs adjudicatory hearings affecting particular parties, while rulemaking of general applicability proceeds under KRS Chapter 13A.
Question 3: A statute delegates power to a Kentucky agency 'to do whatever it deems best for the industry' with no standards. The delegation is most vulnerable to attack under:
- The Contracts Clause
- The nondelegation principle of the Kentucky Constitution's separation of powers (Correct answer)
- The Full Faith and Credit Clause
- The Privileges and Immunities Clause
Correct answer: The nondelegation principle of the Kentucky Constitution's separation of powers
Kentucky's strict separation-of-powers provisions (Sections 27-28) require legislative delegations to contain adequate standards or safeguards.
Question 4: During a KRS 13B hearing, a party is denied any opportunity to cross-examine the agency's key witness. The final order is later challenged. The best ground for reversal is that the order was:
- Supported by substantial evidence
- Within the agency's statutory authority
- Consistent with the agency's prior precedent
- Made without procedures required by law, prejudicing substantial rights (Correct answer)
Correct answer: Made without procedures required by law, prejudicing substantial rights
KRS 13B.150 permits reversal where the agency acted without required procedures and the error prejudiced the party's substantial rights.
Question 5: An emergency administrative regulation in Kentucky differs from an ordinary regulation primarily because it:
- Never requires legislative review
- Is exempt from constitutional limits
- Takes effect immediately upon filing but is temporary in duration (Correct answer)
- Must be approved by the Kentucky Supreme Court
Correct answer: Takes effect immediately upon filing but is temporary in duration
Under KRS 13A.190, an emergency regulation becomes effective upon filing but lasts only a limited period unless replaced by an ordinary regulation.
Question 6: A Kentucky circuit court reviewing a final agency order under KRS 13B.150 may NOT:
- Substitute its own judgment on witness credibility for that of the agency (Correct answer)
- Reverse for arbitrary or capricious action
- Reverse for constitutional violations
- Remand for further proceedings
Correct answer: Substitute its own judgment on witness credibility for that of the agency
The reviewing court may not reweigh evidence or reassess credibility; those determinations belong to the agency fact-finder.
Question 7: Under Kentucky's Open Records Act, a public agency that denies a records request must:
- Simply state the records are confidential
- Refer the requester to the Governor's office
- Wait 90 days before responding
- Cite the specific statutory exception and briefly explain how it applies (Correct answer)
Correct answer: Cite the specific statutory exception and briefly explain how it applies
KRS 61.880 requires a denying agency to identify the specific exception authorizing nondisclosure and explain its application.
KY Bar Administrative Law 3
A Kentucky hearing officer under KRS Chapter 13B issues a recommended order.
What may the agency head do with it?