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
A hearing officer in an Oklahoma individual proceeding refuses to allow any cross-examination of the agency's key witness. The resulting order is most vulnerable because:
Answer: Cross-examination is required when necessary for full disclosure of the facts
The APA and due process entitle parties to conduct cross-examination reasonably required for a full and true disclosure of the facts.
An agency's final order contains no findings of fact or conclusions of law. On judicial review, the court will most likely:
Answer: Remand or reverse because the APA requires findings and conclusions supporting the order
Final orders in individual proceedings must include findings of fact and conclusions of law, and their absence prevents meaningful judicial review.
A citizen petitions an Oklahoma agency to adopt a new rule. Under the APA, the agency must:
Answer: Consider the petition and respond, either denying it or initiating rulemaking
Interested persons may petition for rulemaking, and the agency must consider the request and either deny it with reasons or begin rule proceedings.
Which doctrine allows a court to decline review because the administrative dispute is not yet concrete enough for judicial resolution?
Answer: Ripeness
Ripeness bars judicial review of administrative action that has not yet crystallized into a concrete dispute causing present hardship.
An agency suspends a license summarily before any hearing, citing an immediate danger to public health. This is:
Answer: Permissible if the emergency justifies prompt action and a prompt post-suspension hearing follows
Emergency summary suspension is allowed when public health, safety, or welfare requires it, provided a prompt hearing follows the suspension.
In reviewing an agency's interpretation of an ambiguous statute the agency administers, Oklahoma courts generally:
Answer: May give the interpretation persuasive weight but decide legal questions independently
Questions of law are reviewed de novo, though courts may find a longstanding agency interpretation persuasive.
A party defaults by failing to appear at a properly noticed individual proceeding. The agency may:
Answer: Proceed and enter an order based on the evidence presented, including by default
When a party fails to appear after proper notice, the agency may proceed in the party's absence and dispose of the case, including by default.