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

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?

Accepted Answer

The reviewing judge would have weighed the evidence differently

Answer

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:

Accepted Answer

Engaged in improper rulemaking by adjudication without adopting a rule

Answer

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:

Accepted Answer

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

Answer

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?

Accepted Answer

A declaratory judgment action in district court

Answer

The APA permits a declaratory judgment action in district court to determine the validity or applicability of a rule.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Administrative Law 3