Administrative Law Flashcards

A statute gives an Oklahoma agency power to set 'reasonable safety standards' for an industry. A challenger argues this is an unconstitutional delegation. The delegation is most likely:

Answer: Valid, because the statute provides an intelligible standard to guide the agency

Delegations are upheld when the legislature supplies sufficient standards or guidelines to channel agency discretion.

An agency denies a hearing request, claiming the applicant has no protected interest. Which interest most clearly triggers procedural due process protections?

Answer: An existing professional license the agency seeks to suspend

An existing license is a protected property interest that cannot be suspended or revoked without due process, unlike a mere unilateral expectation.

During an individual proceeding, an agency board member privately discusses the merits with the agency's prosecuting attorney. This is best characterized as:

Answer: A prohibited ex parte communication

Off-the-record communications about contested merits between the decision-maker and an advocate in the case are prohibited ex parte contacts.

A party seeks to stay enforcement of an agency order while judicial review is pending. Under the Oklahoma APA, the stay:

Answer: May be granted by the agency or the reviewing court

Filing a petition for review does not automatically stay the order; either the agency or the reviewing court may grant a stay.

An agency inspector demands warrantless entry into a business's non-public areas for a routine inspection, and no closely regulated industry exception applies. The business may:

Answer: Refuse entry without penalty until an administrative warrant is obtained

Absent consent or a recognized exception such as a closely regulated industry, administrative inspections of commercial premises require an administrative warrant.

Which best describes the effect of a final agency order that is not appealed within the statutory period?

Answer: It becomes final and generally binding on the parties

An unappealed final order becomes conclusive and enforceable against the parties, much like an unappealed judgment.

An Oklahoma agency wishes to resolve a contested case through a consent agreement rather than a full hearing. This informal disposition is:

Answer: Permitted, as the APA allows disposition by stipulation, settlement, or consent order

The APA expressly authorizes informal disposition of individual proceedings by stipulation, agreed settlement, consent order, or default.