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

The APA and due process entitle parties to conduct cross-examination reasonably required for a full and true disclosure of the facts.

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

Final orders in individual proceedings must include findings of fact and conclusions of law, and their absence prevents meaningful judicial review.

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

Interested persons may petition for rulemaking, and the agency must consider the request and either deny it with reasons or begin rule proceedings.

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

Ripeness bars judicial review of administrative action that has not yet crystallized into a concrete dispute causing present hardship.

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

Emergency summary suspension is allowed when public health, safety, or welfare requires it, provided a prompt hearing follows the suspension.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Administrative Law 5