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

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?

Accepted Answer

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

Answer

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:

Accepted Answer

Exhaust all administrative remedies available

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Administrative Law 2