MI Bar Administrative Law 3

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?

Accepted Answer

Appeal to the head of the public body or sue in circuit court to compel disclosure

Answer

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?

Accepted Answer

It is a recommendation the agency may adopt, modify, or reject when issuing its final decision

Answer

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:

Accepted Answer

Invalid and unenforceable

Answer

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:

Accepted 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

Answer

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?

Accepted Answer

Arbitrary, capricious, an abuse of discretion, or in violation of the constitution or a statute

Answer

Courts may set aside agency decisions that are arbitrary, capricious, an abuse of discretion, or contrary to law or the constitution.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Administrative Law 3