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

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.

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

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

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

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.

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

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.

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

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.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Administrative Law 3