KY Bar Administrative Law 3

Question 1

A Kentucky hearing officer under KRS Chapter 13B issues a recommended order. What may the agency head do with it?

Accepted Answer

Accept, modify, or reject it in the final order, stating reasons for any modification

Answer

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?

Accepted Answer

Promulgating a regulation of general applicability

Answer

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:

Accepted Answer

The nondelegation principle of the Kentucky Constitution's separation of powers

Answer

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:

Accepted Answer

Made without procedures required by law, prejudicing substantial rights

Answer

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:

Accepted Answer

Takes effect immediately upon filing but is temporary in duration

Answer

Under KRS 13A.190, an emergency regulation becomes effective upon filing but lasts only a limited period unless replaced by an ordinary regulation.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Administrative Law 3