OR Bar Administrative Law 2 — Questions and Answers
Question 1: Under Oregon's APA (ORS Chapter 183), a contested case hearing is required when an agency proposes to:
- Issue a new administrative rule affecting the public
- Suspend, revoke, or refuse to renew a license (Correct answer)
- Adopt a guidance document interpreting existing rules
- Publish an annual regulatory agenda
Correct answer: Suspend, revoke, or refuse to renew a license
Under ORS 183.411, contested case hearings are required when an agency proposes to suspend, revoke, or refuse to renew a license, protecting licensees' due process rights.
Question 2: The doctrine of exhaustion of administrative remedies generally requires:
- A party to pursue all available administrative appeals before seeking judicial review (Correct answer)
- An agency to exhaust its enforcement options before filing suit in court
- Courts to review agency decisions de novo after all agency avenues are closed
- Agencies to publish all final orders before initiating enforcement
Correct answer: A party to pursue all available administrative appeals before seeking judicial review
Exhaustion requires parties to use all available administrative remedies before seeking judicial review, giving agencies an opportunity to correct their own errors first.
Question 3: Under Oregon law, a party seeking judicial review of a final contested case order must file a petition within:
- 30 days of the order
- 60 days of the order (Correct answer)
- 90 days of the order
- 180 days of the order
Correct answer: 60 days of the order
ORS 183.482 requires a petition for judicial review of a final contested case order to be filed within 60 days of service of the final order.
Question 4: Which of the following is NOT a required element for a party to have standing to challenge an Oregon agency decision?
- A substantial interest in the outcome of the proceeding
- An interest within the zone of interests the statute was designed to protect
- Participation in the agency proceeding below
- Proof of imminent and quantifiable financial harm (Correct answer)
Correct answer: Proof of imminent and quantifiable financial harm
Standing requires a substantial interest affected by the decision and that the interest is protected by the relevant statute, but proof of specific imminent financial harm is not separately required.
Question 5: The doctrine of issue exhaustion in administrative law prevents parties from:
- Filing judicial review petitions before all agency appeals are complete
- Raising on judicial review issues that were not raised before the agency (Correct answer)
- Challenging agency rules that were adopted more than one year ago
- Asserting constitutional claims for the first time in agency proceedings
Correct answer: Raising on judicial review issues that were not raised before the agency
Issue exhaustion requires parties to raise specific arguments before the agency or those arguments are waived for purposes of judicial review.
Question 6: The doctrine of primary jurisdiction applies when:
- A court lacks subject matter jurisdiction over an administrative dispute
- A court should defer initial decision-making to an agency with specialized expertise before ruling (Correct answer)
- An agency must defer to federal law before applying state administrative procedures
- A court must review prior agency decisions before allowing the agency to act again
Correct answer: A court should defer initial decision-making to an agency with specialized expertise before ruling
Primary jurisdiction allows courts to refer matters to agencies that have specialized expertise or the need for uniformity, even when courts have jurisdiction to hear the case.
Question 7: Under the Oregon APA, an agency rule is invalid if it:
- Was adopted without a 90-day public comment period in all cases
- Was not submitted to the Legislative Assembly for prospective approval
- Exceeds the scope of statutory authority granted to the agency by the legislature (Correct answer)
- Was adopted without unanimous concurrence of the agency's governing board
Correct answer: Exceeds the scope of statutory authority granted to the agency by the legislature
A rule that exceeds the agency's statutory authority is ultra vires and invalid; agency power is bounded by the legislature's grant of authority.
OR Bar Administrative Law 2
Under Oregon's APA (ORS Chapter 183), a contested case hearing is required when an agency proposes to: