OR Bar Administrative Law 2

Question 1

Under Oregon's APA (ORS Chapter 183), a contested case hearing is required when an agency proposes to:

Accepted Answer

Suspend, revoke, or refuse to renew a license

Answer

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:

Accepted Answer

A party to pursue all available administrative appeals before seeking judicial review

Answer

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:

Accepted Answer

60 days of the order

Answer

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?

Accepted Answer

Proof of imminent and quantifiable financial harm

Answer

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:

Accepted Answer

Raising on judicial review issues that were not raised before the agency

Answer

Issue exhaustion requires parties to raise specific arguments before the agency or those arguments are waived for purposes of judicial review.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Administrative Law 2