LA Bar Administrative Law 3 — Questions and Answers
Question 1: A Louisiana agency has adopted an interpretive rule that conflicts with the plain text of its enabling statute. What result should a reviewing court reach?
- Uphold the agency's interpretation under Chevron deference
- Invalidate the rule because the statute's plain text controls (Correct answer)
- Remand to the agency for clarification
- Apply Louisiana's equivalent of Skidmore deference
Correct answer: Invalidate the rule because the statute's plain text controls
When an agency's interpretive rule conflicts with the plain text of its enabling statute, the statute's plain meaning controls and the rule must be invalidated.
Question 2: What is the primary purpose of the requirement that agencies publish proposed rules in the Louisiana Register before they become effective?
- To allow courts to review them before enactment
- To provide public notice and opportunity for comment (Correct answer)
- To obtain the governor's pre-approval
- To notify competing agencies of the proposed change
Correct answer: To provide public notice and opportunity for comment
Publication in the Louisiana Register ensures public notice so that affected parties may submit comments before the rule is finalized.
Question 3: Under Louisiana law, which body has authority to review and suspend administrative rules that exceed the agency's statutory authority?
- The Louisiana Supreme Court
- The Legislative Bureau / Senate and House committees on administrative law (Correct answer)
- The Governor's Office of General Counsel
- The Louisiana Board of Administrative Review
Correct answer: The Legislative Bureau / Senate and House committees on administrative law
The legislature, acting through designated committees and the Legislative Bureau, reviews agency rules and may object to or suspend rules that exceed statutory authority.
Question 4: A regulated party argues that an agency rule is void because the agency failed to comply with LAPA's notice requirements. Which doctrine most directly supports invalidation of the rule?
- Laches
- Procedural ultra vires (Correct answer)
- Estoppel by conduct
- Retroactivity prohibition
Correct answer: Procedural ultra vires
Failure to follow mandatory procedural steps in rulemaking renders the rule procedurally ultra vires and subject to invalidation.
Question 5: In an agency adjudication under LAPA, who bears the initial burden of proof?
- The agency, which must always prove its case first
- The party seeking relief or asserting a claim (Correct answer)
- The burden is always split equally between both parties
- The presiding officer determines burden allocation at the hearing
Correct answer: The party seeking relief or asserting a claim
In agency adjudications, the party seeking affirmative relief or making a claim generally bears the initial burden of proof.
Question 6: Which of the following best describes 'informal adjudication' under Louisiana administrative law?
- Agency action taken without any procedures whatsoever
- Agency decisions that do not require a formal evidentiary hearing (Correct answer)
- Decisions made solely by the agency head without staff input
- Any agency action taken outside normal business hours
Correct answer: Agency decisions that do not require a formal evidentiary hearing
Informal adjudication refers to agency decisions on individual matters that do not require the full formal hearing procedures mandated for contested cases.
Question 7: An agency's enabling statute grants it authority to regulate 'fair trade practices.' The agency issues a rule regulating product labeling. A challenger argues the rule exceeds delegated authority. What test will a Louisiana court apply?
- Whether the rule is rationally related to a legitimate government interest
- Whether product labeling is reasonably within the scope of 'fair trade practices' (Correct answer)
- Whether the legislature specifically contemplated labeling regulation
- Whether the rule was adopted by unanimous agency vote
Correct answer: Whether product labeling is reasonably within the scope of 'fair trade practices'
Courts ask whether the challenged rule is reasonably within the scope of the authority delegated by the enabling statute, reading the statute's terms neither too broadly nor too narrowly.
LA Bar Administrative Law 3
A Louisiana agency has adopted an interpretive rule that conflicts with the plain text of its enabling statute.
What result should a reviewing court reach?