OR Bar Administrative Law 5

Question 1

The Mathews v. Eldridge balancing test for determining what procedural due process is required weighs:

Accepted Answer

The private interest, the risk of erroneous deprivation under existing procedures, and the government's interest

Answer

Mathews v. Eldridge established a three-factor test: the private interest at stake, the risk of erroneous deprivation and value of additional safeguards, and the government's interest including administrative burden.

Question 2

In an Oregon contested case hearing, which procedural right is a party generally entitled to under ORS 183.415?

Accepted Answer

The right to cross-examine witnesses who testify against them

Answer

ORS 183.415 entitles parties in contested case hearings to cross-examine witnesses, ensuring a meaningful opportunity to challenge adverse testimony.

Question 3

Under the Oregon APA, which body typically serves as the factfinder in contested case proceedings?

Accepted Answer

The agency head or an administrative law judge from Oregon's Office of Administrative Hearings

Answer

Oregon centralized its ALJ function in the Office of Administrative Hearings, and contested cases are heard by the agency head or an assigned ALJ who serves as factfinder.

Question 4

The constitutional requirement that an administrative adjudicator be free from bias and prejudgment is grounded in the:

Accepted Answer

Due Process Clause of the Fifth and Fourteenth Amendments

Answer

Due process requires a neutral and unbiased adjudicator; the Due Process Clause prohibits a decision-maker who has a direct financial or personal stake in the outcome.

Question 5

When an administrative law judge issues a proposed order in an Oregon contested case, the agency head:

Accepted Answer

May adopt, modify, or reject the proposed order after reviewing the record

Answer

Under ORS 183.464, the agency head reviews the ALJ's proposed order and has authority to adopt, modify, or reject it based on the agency's review of the record.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Administrative Law 5