OK Bar Administrative Law 5

Question 1

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:

Accepted Answer

Cross-examination is required when necessary for full disclosure of the facts

Answer

Agencies must apply the rules of criminal procedure

Answer

Hearing officers may never limit questioning

Answer

The order lacked a jury verdict

Question 2

An agency's final order contains no findings of fact or conclusions of law. On judicial review, the court will most likely:

Accepted Answer

Remand or reverse because the APA requires findings and conclusions supporting the order

Answer

Affirm, since findings are optional

Answer

Draft its own findings for the agency

Answer

Transfer the case to federal court

Question 3

A citizen petitions an Oklahoma agency to adopt a new rule. Under the APA, the agency must:

Accepted Answer

Consider the petition and respond, either denying it or initiating rulemaking

Answer

Adopt the rule as requested

Answer

Forward the petition to the Governor for decision

Answer

Ignore it unless 1,000 signatures accompany it

Question 4

Which doctrine allows a court to decline review because the administrative dispute is not yet concrete enough for judicial resolution?

Accepted Answer

Ripeness

Answer

Res judicata

Answer

Collateral estoppel

Answer

Laches

Question 5

An agency suspends a license summarily before any hearing, citing an immediate danger to public health. This is:

Accepted Answer

Permissible if the emergency justifies prompt action and a prompt post-suspension hearing follows

Answer

Always unconstitutional

Answer

Permissible with no hearing ever required

Answer

Valid only in federal agencies

Question 6

In reviewing an agency's interpretation of an ambiguous statute the agency administers, Oklahoma courts generally:

Accepted Answer

May give the interpretation persuasive weight but decide legal questions independently

Answer

Are bound by the agency's reading in all cases

Answer

Must certify the question to the Legislature

Answer

Must adopt the interpretation least favorable to the agency

Question 7

A party defaults by failing to appear at a properly noticed individual proceeding. The agency may:

Accepted Answer

Proceed and enter an order based on the evidence presented, including by default

Answer

Take no action until the party appears

Answer

Only dismiss the case

Answer

Refer the party for criminal prosecution automatically