UT Bar Administrative Law 2

Question 1

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?

Accepted Answer

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

Answer

The presiding officer, on a case-by-case basis without any rule

Answer

The petitioner, by election in the initial filing

Answer

The district court, upon motion by either party

Question 2

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

Accepted Answer

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

Answer

The district court, by trial de novo

Answer

The federal district court for the District of Utah

Answer

The Utah Attorney General's office

Question 3

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

Accepted Answer

Exhaust all administrative remedies available

Answer

Post a supersedeas bond with the agency

Answer

File a notice of claim under the Governmental Immunity Act

Answer

Obtain a certificate of probable cause from the agency head

Question 4

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

Accepted Answer

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

Answer

It is signed by the Governor

Answer

The Utah Supreme Court approves it

Answer

The Legislature passes a joint resolution adopting it

Question 5

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

Accepted Answer

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

Answer

Immediately file an interlocutory appeal to the Utah Court of Appeals

Answer

Refuse to participate until a new officer is assigned

Answer

File a civil suit against the presiding officer personally

Question 6

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:

Accepted Answer

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

Answer

Not supported by a preponderance of the evidence

Answer

Contrary to the reviewing judge's independent factual conclusions

Answer

Based on any hearsay evidence

Question 7

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

Accepted Answer

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

Answer

The agency head certifies the rule is politically necessary

Answer

The rule imposes no costs on regulated parties

Answer

The Governor declares a state of emergency first