OK Bar Administrative Law 3 — Questions and Answers
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?
- 10 days from the order
- 30 days from notice of the final order (Correct answer)
- 6 months from the hearing
- 1 year from the violation
Correct 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.
Question 2: Which of the following is NOT a ground for reversing an agency order on judicial review under the Oklahoma APA?
- The order is arbitrary or capricious
- The order violates constitutional provisions
- The reviewing judge would have weighed the evidence differently (Correct answer)
- The order exceeds the agency's statutory authority
Correct 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.
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:
- Engaged in improper rulemaking by adjudication without adopting a rule (Correct answer)
- Violated the separation of powers doctrine
- Lacked standing
- Committed a taking without compensation
Correct 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.
Question 4: In an Oklahoma individual proceeding, hearsay evidence is:
- Always inadmissible
- Admissible if it is the type of evidence reasonably prudent persons rely on (Correct answer)
- Admissible only with the consent of both parties
- Admissible but can never support a finding
Correct 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.
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?
- A declaratory judgment action in district court (Correct answer)
- A writ of quo warranto
- An interpleader action
- A petition for certiorari to the Supreme Court
Correct 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.
Question 6: Which entity publishes Oklahoma's permanent administrative rules in codified form?
- The Oklahoma Bar Association
- The Office of Administrative Rules, in the Oklahoma Administrative Code (Correct answer)
- The Governor's office, in executive orders
- Each county clerk
Correct 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.
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:
- A jury trial on the disputed facts
- An opportunity to file exceptions and present argument to the final decision-maker (Correct answer)
- Automatic reversal if the ALJ was not an attorney
- Discovery equal to civil litigation
Correct 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.
OK Bar Administrative Law 3
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?