MI Bar Administrative Law 2

Question 1

Under the Michigan Administrative Procedures Act (APA), before adopting a new rule, an agency generally must first do which of the following?

Accepted Answer

Provide public notice and an opportunity for a public hearing on the proposed rule

Answer

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?

Accepted Answer

Competent, material, and substantial evidence on the whole record

Answer

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?

Accepted 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

Answer

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?

Accepted Answer

Dismiss or decline review because the party failed to exhaust administrative remedies

Answer

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:

Accepted Answer

Valid, because it provides standards as reasonably precise as the subject matter requires or permits

Answer

Michigan upholds delegations when the statute provides standards as reasonably precise as the subject matter requires or permits.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Administrative Law 2