Administrative Law Flashcards
7 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Administrative Law flashcards as text
Under the Oklahoma Administrative Procedures Act, which type of agency proceeding requires notice and an opportunity for a hearing before an individual's license may be revoked?
Answer: An individual proceeding (adjudication)
License revocations affect specific parties' legal rights and therefore must proceed as individual proceedings with notice and hearing under the Oklahoma APA.
A state agency issues a rule without publishing the required notice in the Oklahoma Register. What is the most likely consequence?
Answer: The rule is invalid and unenforceable
Rules adopted without compliance with the APA's notice and publication requirements are invalid and cannot be enforced.
Which standard of review does an Oklahoma court typically apply to an agency's findings of fact in an individual proceeding?
Answer: Substantial evidence review
Courts uphold agency factual findings if they are supported by substantial evidence in the record.
Before seeking judicial review of an agency order, a party generally must first do what?
Answer: Exhaust available administrative remedies
The exhaustion doctrine requires parties to complete all available administrative remedies before courts will hear the dispute.
An agency head who personally investigated a case also serves as the final decision-maker in the adjudication. The respondent's best due process objection is:
Answer: Impermissible combination of investigative and adjudicative functions creating bias
Due process may be violated when the same official's deep personal involvement in investigation creates an unacceptable risk of bias in adjudication.
Under Oklahoma law, emergency rules adopted by an agency without normal notice-and-comment procedures are:
Answer: Effective only temporarily and subject to expiration
Emergency rules bypass ordinary procedures only upon a finding of imminent peril and remain effective for a limited period.
The Oklahoma Legislature's role in reviewing proposed agency rules includes the power to:
Answer: Disapprove proposed rules before they take effect
Under Oklahoma's legislative review process, the Legislature (and Governor) may approve or disapprove proposed permanent rules before they become effective.