LA Bar Administrative Law 3

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?

Accepted Answer

Invalidate the rule because the statute's plain text controls

Answer

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?

Accepted Answer

To provide public notice and opportunity for comment

Answer

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?

Accepted Answer

The Legislative Bureau / Senate and House committees on administrative law

Answer

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?

Accepted Answer

Procedural ultra vires

Answer

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?

Accepted Answer

The party seeking relief or asserting a claim

Answer

In agency adjudications, the party seeking affirmative relief or making a claim generally bears the initial burden of proof.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Administrative Law 3