LA Bar Administrative Law 2 — Questions and Answers
Question 1: Under the Louisiana Administrative Procedure Act (LAPA), which standard of review applies when a court reviews an agency's factual findings in an adjudication?
- De novo
- Arbitrary and capricious
- Clearly erroneous (Correct answer)
- Preponderance of the evidence in the record
Correct answer: Clearly erroneous
Courts review agency factual findings under the clearly erroneous standard, deferring to the agency's credibility determinations and fact-finding.
Question 2: An agency wishes to promulgate a rule that will have a fiscal impact exceeding $75,000 annually. Under LAPA, what additional procedural requirement applies?
- A public referendum must be held
- A fiscal note and economic impact statement must be prepared (Correct answer)
- The governor must sign the rule before it takes effect
- The rule must be approved by a two-thirds majority of the legislature
Correct answer: A fiscal note and economic impact statement must be prepared
LAPA requires agencies to prepare a fiscal note and economic impact statement when a proposed rule will have a significant fiscal impact on state or local government.
Question 3: Which Louisiana constitutional provision grants the legislature authority to create administrative agencies and delegate legislative power to them?
- Article III, Section 1 delegation clause
- Article IV, Section 1 executive power clause
- Article III, Section 1 subject to constitutional limitations on nondelegation
- Article II separation-of-powers doctrine with intelligible principle requirement (Correct answer)
Correct answer: Article II separation-of-powers doctrine with intelligible principle requirement
Louisiana follows the intelligible principle doctrine: the legislature may delegate authority if it provides an intelligible principle guiding the agency's discretion.
Question 4: A party received an adverse final agency decision and wishes to seek judicial review. Under LAPA, within what period must the petition for review generally be filed?
- 30 days (Correct answer)
- 60 days
- 90 days
- 1 year
Correct answer: 30 days
Under LAPA, a petition for judicial review of a final agency decision must generally be filed within 30 days of the decision becoming final.
Question 5: An agency issues a declaratory ruling at a private party's request. What is the legal effect of such a ruling under Louisiana administrative law?
- It is purely advisory with no binding effect
- It is binding on the agency and the requesting party as to stated facts (Correct answer)
- It binds all regulated parties in the industry
- It has the same force as a formal adjudicatory order
Correct answer: It is binding on the agency and the requesting party as to stated facts
A declaratory ruling is binding on the agency and the requesting party with respect to the facts presented, providing certainty without requiring formal adjudication.
Question 6: Under the LAPA, an 'emergency rule' may be adopted without standard notice-and-comment procedures. What is the maximum duration of an emergency rule?
- 30 days
- 60 days
- 120 days (Correct answer)
- 180 days
Correct answer: 120 days
Emergency rules under LAPA may remain in effect for a maximum of 120 days, after which a permanent rule must be promulgated through normal procedures.
Question 7: In a contested case hearing under LAPA, which evidentiary rule applies?
- The Louisiana Code of Evidence applies strictly
- Only sworn testimony is admissible
- Agencies may admit evidence not admissible under the Code of Evidence if it has probative value (Correct answer)
- Hearsay is never admissible in agency proceedings
Correct answer: Agencies may admit evidence not admissible under the Code of Evidence if it has probative value
Administrative agencies are not strictly bound by the Code of Evidence and may receive probative evidence that would be inadmissible in court, provided it is relevant and reliable.
LA Bar Administrative Law 2
Under the Louisiana Administrative Procedure Act (LAPA), which standard of review applies when a court reviews an agency's factual findings in an adjudication?