MI Bar Administrative Law 2 — Questions and Answers
Question 1: Under the Michigan Administrative Procedures Act (APA), before adopting a new rule, an agency generally must first do which of the following?
- Provide public notice and an opportunity for a public hearing on the proposed rule (Correct answer)
- Obtain unanimous approval from the Michigan Supreme Court
- Secure a signed waiver from every regulated party
- Publish the rule in a national newspaper for 90 days
Correct answer: Provide public notice and an opportunity for a public hearing on the proposed rule
The Michigan APA requires notice and an opportunity for public comment or hearing before most rules are adopted.
Question 2: A Michigan licensing board revokes a nurse's license after a hearing. On judicial review, a court will typically uphold the board's factual findings if they are supported by what?
- Competent, material, and substantial evidence on the whole record (Correct answer)
- Any scintilla of evidence, however slight
- Proof beyond a reasonable doubt
- The personal opinion of the presiding judge
Correct answer: Competent, material, and substantial evidence on the whole record
Under Michigan law, agency findings in contested cases are upheld if supported by competent, material, and substantial evidence on the whole record.
Question 3: In Michigan, a 'contested case' under the APA is best described as which of the following?
- A proceeding in which a party's legal rights, duties, or privileges are required by law to be determined by an agency after an evidentiary hearing (Correct answer)
- Any lawsuit filed in circuit court against a state agency
- A dispute between two private parties over a contract
- Any complaint filed with the Attorney General
Correct answer: A proceeding in which a party's legal rights, duties, or privileges are required by law to be determined by an agency after an evidentiary hearing
A contested case is an agency proceeding where legal rights, duties, or privileges must be determined after an opportunity for an evidentiary hearing.
Question 4: A party wishes to challenge a final agency decision in a Michigan contested case but has not yet requested rehearing available within the agency. A court will most likely do what?
- Dismiss or decline review because the party failed to exhaust administrative remedies (Correct answer)
- Decide the case immediately on the merits
- Transfer the case to federal court automatically
- Order the agency abolished
Correct answer: Dismiss or decline review because the party failed to exhaust administrative remedies
Courts generally require exhaustion of available administrative remedies before judicial review of agency action.
Question 5: The Michigan Legislature delegates authority to an environmental agency to set 'reasonable air quality standards protecting public health.' A challenger argues this is an unconstitutional delegation. Michigan courts will most likely hold the delegation is:
- Valid, because it provides standards as reasonably precise as the subject matter requires or permits (Correct answer)
- Invalid, because agencies may never make policy choices
- Invalid, because only Congress can delegate power
- Valid, only if the governor personally approves each standard
Correct answer: Valid, because it provides standards as reasonably precise as the subject matter requires or permits
Michigan upholds delegations when the statute provides standards as reasonably precise as the subject matter requires or permits.
Question 6: An agency issues an interpretive statement explaining how it reads a statute, without going through formal rulemaking. What is the primary legal consequence in Michigan?
- The interpretive statement does not have the force of law of a properly promulgated rule (Correct answer)
- It automatically becomes a binding rule after 30 days
- It overrides conflicting statutes
- It can only be challenged in the U.S. Supreme Court
Correct answer: The interpretive statement does not have the force of law of a properly promulgated rule
Interpretive statements and guidelines not promulgated through APA rulemaking lack the binding force of law that properly adopted rules have.
Question 7: In a Michigan contested case hearing, which of the following procedural rights is a party generally entitled to?
- The opportunity to present evidence and cross-examine witnesses (Correct answer)
- A twelve-person jury
- Appointed counsel at state expense in all cases
- The right to select which administrative law judge presides
Correct answer: The opportunity to present evidence and cross-examine witnesses
Contested case parties are entitled to present evidence and cross-examine witnesses, but not to a jury or appointed counsel.
MI Bar Administrative Law 2
Under the Michigan Administrative Procedures Act (APA), before adopting a new rule, an agency generally must first do which of the following?