Administrative Law Flashcards

Under the Utah Administrative Procedures Act (UAPA), an agency adjudicative proceeding must be designated as formal or informal. Who has the authority to designate proceedings as informal?

Answer: The agency, by rule, if the rights of all parties are not unfairly prejudiced

Under Utah Code § 63G-4-202, an agency may designate categories of adjudicative proceedings as informal by rule, provided informal treatment does not unfairly prejudice the rights of any party.

A Utah state agency issues a final order in a formal adjudicative proceeding. Where must a party seek judicial review?

Answer: The Utah Court of Appeals or Supreme Court, as provided by statute, on the agency record

Under UAPA, judicial review of formal adjudicative proceedings is by the appellate courts on the agency record, while informal proceedings are reviewed de novo in district court.

Before seeking judicial review of a Utah agency action, a party generally must:

Answer: Exhaust all administrative remedies available

Utah Code § 63G-4-401 requires exhaustion of all administrative remedies before judicial review, subject to narrow exceptions such as futility or irreparable harm.

Under Utah's rulemaking act, a proposed administrative rule generally cannot become effective until:

Answer: A public comment period has run after publication in the Utah State Bulletin

Under the Utah Administrative Rulemaking Act, a proposed rule must be published in the Utah State Bulletin and allow a public comment period of at least 30 days before it may be made effective.

A party in a formal adjudicative proceeding before a Utah agency believes the presiding officer is biased. The proper procedure is to:

Answer: File a motion to disqualify the presiding officer with the agency, stating the grounds

Claims of bias must first be raised before the agency by a motion to disqualify, preserving the issue for later judicial review rather than bypassing the administrative process.

On judicial review of a Utah agency's findings of fact from a formal adjudicative proceeding, the court will reverse only if the findings are:

Answer: Not supported by substantial evidence when viewed in light of the whole record

Utah Code § 63G-4-403 permits relief when agency factual findings are not supported by substantial evidence viewed in light of the whole record, a deferential standard.

A Utah agency wishes to adopt an emergency (120-day) rule without normal notice and comment. This is permissible only if:

Answer: The agency finds that regular rulemaking procedures would cause imminent peril to public health, safety, or welfare, or similar statutory grounds

Utah's rulemaking act allows an emergency rule effective for up to 120 days when following regular procedures would cause imminent peril to public health, safety, or welfare, or place the agency in violation of law.