LA Bar Administrative Law 2

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?

Accepted Answer

Clearly erroneous

Answer

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?

Accepted Answer

A fiscal note and economic impact statement must be prepared

Answer

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?

Accepted Answer

Article II separation-of-powers doctrine with intelligible principle requirement

Answer

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?

Accepted Answer

30 days

Answer

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?

Accepted Answer

It is binding on the agency and the requesting party as to stated facts

Answer

A declaratory ruling is binding on the agency and the requesting party with respect to the facts presented, providing certainty without requiring formal adjudication.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Administrative Law 2