OK Bar Administrative Law 3

Question 1

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?

Accepted Answer

30 days from notice of the final order

Answer

10 days from the order

Answer

6 months from the hearing

Answer

1 year from the violation

Question 2

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

Accepted Answer

The reviewing judge would have weighed the evidence differently

Answer

The order is arbitrary or capricious

Answer

The order violates constitutional provisions

Answer

The order exceeds the agency's statutory authority

Question 3

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:

Accepted Answer

Engaged in improper rulemaking by adjudication without adopting a rule

Answer

Violated the separation of powers doctrine

Answer

Lacked standing

Answer

Committed a taking without compensation

Question 4

In an Oklahoma individual proceeding, hearsay evidence is:

Accepted Answer

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

Answer

Always inadmissible

Answer

Admissible only with the consent of both parties

Answer

Admissible but can never support a finding

Question 5

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

Accepted Answer

A declaratory judgment action in district court

Answer

A writ of quo warranto

Answer

An interpleader action

Answer

A petition for certiorari to the Supreme Court

Question 6

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

Accepted Answer

The Office of Administrative Rules, in the Oklahoma Administrative Code

Answer

The Oklahoma Bar Association

Answer

The Governor's office, in executive orders

Answer

Each county clerk

Question 7

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:

Accepted Answer

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

Answer

A jury trial on the disputed facts

Answer

Automatic reversal if the ALJ was not an attorney

Answer

Discovery equal to civil litigation