OK Bar Administrative Law 2 — Questions and Answers
Question 1: 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?
- An individual proceeding (adjudication) (Correct answer)
- A rulemaking proceeding
- A declaratory ruling
- An informal conference only
Correct 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.
Question 2: A state agency issues a rule without publishing the required notice in the Oklahoma Register. What is the most likely consequence?
- The rule is valid but subject to a fine
- The rule is invalid and unenforceable (Correct answer)
- The rule takes effect after 90 days automatically
- The rule is valid only against the agency itself
Correct 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.
Question 3: Which standard of review does an Oklahoma court typically apply to an agency's findings of fact in an individual proceeding?
- De novo review
- Substantial evidence review (Correct answer)
- Clear and convincing evidence review
- Beyond a reasonable doubt review
Correct answer: Substantial evidence review
Courts uphold agency factual findings if they are supported by substantial evidence in the record.
Question 4: Before seeking judicial review of an agency order, a party generally must first do what?
- File a tort claim against the agency
- Exhaust available administrative remedies (Correct answer)
- Obtain permission from the Attorney General
- Post a supersedeas bond with the agency
Correct answer: Exhaust available administrative remedies
The exhaustion doctrine requires parties to complete all available administrative remedies before courts will hear the dispute.
Question 5: 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:
- Improper delegation of legislative power
- Impermissible combination of investigative and adjudicative functions creating bias (Correct answer)
- Lack of subject-matter jurisdiction
- Violation of the nondelegation doctrine
Correct 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.
Question 6: Under Oklahoma law, emergency rules adopted by an agency without normal notice-and-comment procedures are:
- Permanent once adopted
- Effective only temporarily and subject to expiration (Correct answer)
- Prohibited in all circumstances
- Valid only if approved by a court
Correct 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.
Question 7: The Oklahoma Legislature's role in reviewing proposed agency rules includes the power to:
- Disapprove proposed rules before they take effect (Correct answer)
- Draft the rules for the agency
- Appoint the agency's hearing officers
- Set the agency's litigation strategy
Correct 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.
OK Bar Administrative Law 2
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?