MI Bar Administrative Law 3 — Questions and Answers
Question 1: A Michigan agency denies a FOIA request for public records. Under the Michigan Freedom of Information Act, the requester may do which of the following?
- Appeal to the head of the public body or sue in circuit court to compel disclosure (Correct answer)
- Only file a complaint with the FBI
- Nothing, because agency FOIA denials are unreviewable
- Demand the records directly from the governor's office
Correct answer: Appeal to the head of the public body or sue in circuit court to compel disclosure
Michigan FOIA allows a requester to appeal a denial to the head of the public body or bring an action in circuit court.
Question 2: An administrative law judge in a Michigan contested case issues a proposal for decision. What effect does it typically have?
- It is a recommendation the agency may adopt, modify, or reject when issuing its final decision (Correct answer)
- It is automatically the final, unappealable order of the agency
- It binds all Michigan courts as precedent
- It has no legal significance whatsoever
Correct answer: It is a recommendation the agency may adopt, modify, or reject when issuing its final decision
A proposal for decision is a recommendation that the agency decision-maker may adopt, modify, or reject in the final order.
Question 3: Under Michigan law, a rule adopted without following required APA rulemaking procedures is generally:
- Invalid and unenforceable (Correct answer)
- Valid but subject to a fine against the agency
- Valid if the agency acted in good faith
- Enforceable only against corporations
Correct answer: Invalid and unenforceable
Failure to comply with mandatory APA rulemaking procedures renders the rule invalid.
Question 4: A driver's license is suspended by the Michigan Secretary of State without any prior hearing after an alleged refusal to take a breath test. The driver argues due process was violated. The strongest analysis considers:
- Whether the private interest, risk of erroneous deprivation, and government interest justify the timing of the hearing under the Mathews v. Eldridge balancing test (Correct answer)
- Whether the driver holds a law degree
- Whether licenses are property that may never be suspended
- Whether the agency published the suspension in a newspaper
Correct answer: Whether the private interest, risk of erroneous deprivation, and government interest justify the timing of the hearing under the Mathews v. Eldridge balancing test
Due process challenges to the timing and form of administrative hearings are analyzed under the Mathews v. Eldridge balancing test.
Question 5: On appeal from a Michigan agency's final decision in a contested case, a circuit court may set aside the decision if it is which of the following?
- Arbitrary, capricious, an abuse of discretion, or in violation of the constitution or a statute (Correct answer)
- Merely a decision the judge personally disagrees with
- Supported by substantial evidence
- Issued by an agency with fewer than five employees
Correct answer: Arbitrary, capricious, an abuse of discretion, or in violation of the constitution or a statute
Courts may set aside agency decisions that are arbitrary, capricious, an abuse of discretion, or contrary to law or the constitution.
Question 6: A Michigan agency wants to resolve a dispute by applying a new policy announced for the first time in an adjudication rather than through rulemaking. This is generally:
- Permissible, because agencies have discretion to develop policy through adjudication unless a statute requires rulemaking (Correct answer)
- Always unconstitutional
- Permitted only in criminal proceedings
- Prohibited by the Seventh Amendment
Correct answer: Permissible, because agencies have discretion to develop policy through adjudication unless a statute requires rulemaking
Agencies may generally choose between rulemaking and adjudication to develop policy unless a statute mandates otherwise.
Question 7: Which body in Michigan reviews proposed agency rules before they take effect, providing legislative oversight of rulemaking?
- The Joint Committee on Administrative Rules (JCAR) (Correct answer)
- The Michigan Court of Claims
- The State Board of Canvassers
- The Michigan Civil Rights Commission
Correct answer: The Joint Committee on Administrative Rules (JCAR)
JCAR, a joint legislative committee, reviews proposed administrative rules as part of Michigan's rulemaking process.
MI Bar Administrative Law 3
A Michigan agency denies a FOIA request for public records.
Under the Michigan Freedom of Information Act, the requester may do which of the following?