Administrative Law Flashcards

Under UAPA, how is an adjudicative proceeding before a Utah agency commenced?

Answer: By either a notice of agency action or a request for agency action filed by a person

Utah Code § 63G-4-201 provides that adjudicative proceedings commence either by the agency's notice of agency action or by a person's request for agency action.

A Utah agency denies a license application in an informal adjudicative proceeding. The disappointed applicant's route to judicial review is:

Answer: A trial de novo in the district court

Under Utah Code § 63G-4-402, judicial review of informal adjudicative proceedings is by trial de novo in the district court.

In Utah, an agency's interpretation of a statute it administers is generally reviewed by courts:

Answer: For correctness, with no deference unless the Legislature has explicitly or implicitly granted the agency discretion

Utah courts review questions of statutory interpretation for correctness, granting deference only where the Legislature has delegated discretion to the agency to interpret or apply the statute.

A party misses the 30-day deadline to file a petition for judicial review of a final Utah agency order. The reviewing court will most likely:

Answer: Dismiss for lack of jurisdiction because the filing deadline is jurisdictional

The 30-day deadline for petitioning for judicial review of a final agency action under UAPA is treated as jurisdictional, so an untimely petition must be dismissed.

Which of the following is NOT required in a Utah agency's notice of agency action commencing a formal adjudicative proceeding?

Answer: The names of all potential witnesses the agency may call

UAPA requires the notice to identify the proceeding, its formality designation, jurisdiction, and issues, but a witness list is not a required element of the commencement notice.

A request for agency reconsideration under UAPA is deemed denied if the agency head does not act within:

Answer: 20 days

Under Utah Code § 63G-4-302, if the agency does not issue an order on a request for reconsideration within 20 days, the request is considered denied.

Utah's Administrative Rulemaking Act requires every agency rule to be reviewed and, unless reauthorized, to expire. This sunset-style mechanism requires each rule to be:

Answer: Reviewed every five years by the agency, with a statement filed to continue it

Utah requires agencies to review each rule every five years and file a statement of continuation, or the rule lapses.