UT Bar Administrative Law 2 — Questions and Answers
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?
- The agency, by rule, if the rights of all parties are not unfairly prejudiced (Correct answer)
- The presiding officer, on a case-by-case basis without any rule
- The petitioner, by election in the initial filing
- The district court, upon motion by either party
Correct 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.
Question 2: A Utah state agency issues a final order in a formal adjudicative proceeding. Where must a party seek judicial review?
- The district court, by trial de novo
- The Utah Court of Appeals or Supreme Court, as provided by statute, on the agency record (Correct answer)
- The federal district court for the District of Utah
- The Utah Attorney General's office
Correct 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.
Question 3: Before seeking judicial review of a Utah agency action, a party generally must:
- Post a supersedeas bond with the agency
- File a notice of claim under the Governmental Immunity Act
- Exhaust all administrative remedies available (Correct answer)
- Obtain a certificate of probable cause from the agency head
Correct 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.
Question 4: Under Utah's rulemaking act, a proposed administrative rule generally cannot become effective until:
- It is signed by the Governor
- A public comment period has run after publication in the Utah State Bulletin (Correct answer)
- The Utah Supreme Court approves it
- The Legislature passes a joint resolution adopting it
Correct 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.
Question 5: A party in a formal adjudicative proceeding before a Utah agency believes the presiding officer is biased. The proper procedure is to:
- File a motion to disqualify the presiding officer with the agency, stating the grounds (Correct answer)
- Immediately file an interlocutory appeal to the Utah Court of Appeals
- Refuse to participate until a new officer is assigned
- File a civil suit against the presiding officer personally
Correct 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.
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:
- Not supported by substantial evidence when viewed in light of the whole record (Correct answer)
- Not supported by a preponderance of the evidence
- Contrary to the reviewing judge's independent factual conclusions
- Based on any hearsay evidence
Correct 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.
Question 7: A Utah agency wishes to adopt an emergency (120-day) rule without normal notice and comment. This is permissible only if:
- The agency head certifies the rule is politically necessary
- The rule imposes no costs on regulated parties
- The agency finds that regular rulemaking procedures would cause imminent peril to public health, safety, or welfare, or similar statutory grounds (Correct answer)
- The Governor declares a state of emergency first
Correct 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.
UT Bar Administrative Law 2
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?