UT Bar Administrative Law 3

Question 1

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

Accepted Answer

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

Answer

Only by the agency issuing a notice of agency action

Answer

By filing a complaint in district court that is transferred to the agency

Answer

By stipulation of all interested parties

Question 2

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

Accepted Answer

A trial de novo in the district court

Answer

A petition for extraordinary writ in the Utah Supreme Court

Answer

An appeal on the record to the Utah Court of Appeals

Answer

Arbitration before the Division of Administrative Rules

Question 3

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

Accepted Answer

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

Answer

Under a mandatory deference rule identical to federal Chevron deference

Answer

Only for bad faith

Answer

Under the clearly erroneous standard applied to factual findings

Question 4

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:

Accepted Answer

Dismiss for lack of jurisdiction because the filing deadline is jurisdictional

Answer

Hear the case anyway if the merits are strong

Answer

Transfer the case back to the agency for reconsideration

Answer

Stay the case pending legislative clarification

Question 5

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

Accepted Answer

The names of all potential witnesses the agency may call

Answer

The agency's file number and the name of the adjudicative proceeding

Answer

A statement that the proceeding is formal or informal

Answer

A statement of the legal authority and jurisdiction under which the action is taken

Question 6

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

Accepted Answer

20 days

Answer

10 days

Answer

30 days

Answer

60 days

Question 7

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:

Accepted Answer

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

Answer

Re-enacted by the Legislature annually

Answer

Approved by the Governor each biennium

Answer

Ratified by public referendum