Administrative Law Flashcards

A licensee receives an agency order revoking her license. Under the Oklahoma APA, how long does she generally have to file a petition for judicial review in district court?

Answer: 30 days from notice of the final order

The Oklahoma APA requires a petition for judicial review to be filed within 30 days after the party is notified of the final agency order.

Which of the following is NOT a ground for reversing an agency order on judicial review under the Oklahoma APA?

Answer: The reviewing judge would have weighed the evidence differently

A court may not substitute its own judgment on the weight of the evidence; it reverses only for legal errors, constitutional violations, lack of substantial evidence, or arbitrary action.

An Oklahoma agency wants to apply a new policy of general applicability but announces it for the first time in an individual enforcement order. The affected party's strongest argument is that the agency:

Answer: Engaged in improper rulemaking by adjudication without adopting a rule

A statement of general applicability that implements policy is a rule and generally must be adopted through APA rulemaking procedures, not announced ad hoc in an enforcement action.

In an Oklahoma individual proceeding, hearsay evidence is:

Answer: Admissible if it is the type of evidence reasonably prudent persons rely on

Administrative hearings follow relaxed evidence rules, admitting evidence of a type commonly relied upon by reasonably prudent persons in their affairs.

A party wants to challenge the validity of an agency rule before any enforcement action is taken. Which mechanism does the Oklahoma APA provide?

Answer: A declaratory judgment action in district court

The APA permits a declaratory judgment action in district court to determine the validity or applicability of a rule.

Which entity publishes Oklahoma's permanent administrative rules in codified form?

Answer: The Office of Administrative Rules, in the Oklahoma Administrative Code

Permanent rules are codified in the Oklahoma Administrative Code published through the Office of Administrative Rules.

An administrative law judge issues a proposed order in an individual proceeding. Before the agency adopts a final adverse order, a party is generally entitled to:

Answer: An opportunity to file exceptions and present argument to the final decision-maker

When the final decision-maker did not hear the case, parties adversely affected must be given the proposed order and a chance to file exceptions and argue before final adoption.