OH Bar Administrative Law 2

Question 1

Under Ohio Revised Code Chapter 119, which body reviews proposed agency rules to ensure they do not exceed the agency's statutory authority?

Accepted Answer

The Joint Committee on Agency Rule Review (JCARR)

Answer

JCARR, a joint legislative committee, reviews proposed rules and may recommend invalidation of rules that exceed statutory authority.

Question 2

An Ohio agency denies a professional license after an adjudication hearing under R.C. Chapter 119. Where must the applicant generally file an appeal?

Accepted Answer

The court of common pleas of the county where the party resides or has its place of business

Answer

R.C. 119.12 directs appeals from most agency adjudications to the appropriate court of common pleas, typically where the appellant resides or does business.

Question 3

What standard does an Ohio common pleas court apply when reviewing an agency adjudication order under R.C. 119.12?

Accepted Answer

Whether the order is supported by reliable, probative, and substantial evidence and is in accordance with law

Answer

Under R.C. 119.12 the court affirms if the order is supported by reliable, probative, and substantial evidence and is in accordance with law.

Question 4

Before adopting a new rule, an Ohio agency subject to Chapter 119 must generally do which of the following?

Accepted Answer

Give public notice of the proposed rule and hold a public hearing if requested or required

Answer

Chapter 119 rulemaking requires public notice of the proposed rule and an opportunity for a public hearing before adoption.

Question 5

A party in an Ohio administrative adjudication is denied the chance to cross-examine the agency's key witness. This most directly implicates which requirement?

Accepted Answer

The due process and statutory right to a fair adjudication hearing

Answer

Adjudication hearings under Chapter 119 must satisfy due process, which includes the right to present evidence and cross-examine adverse witnesses.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Administrative Law 2