UT Bar Administrative Law 4

Question 1

A statute gives a Utah agency authority to license contractors but says nothing about imposing fines.
The agency adopts a rule authorizing $10,000 fines for unlicensed work.
The rule is most vulnerable to challenge because:

Accepted Answer

It exceeds the agency's delegated statutory authority

Answer

Fines can only be imposed by county governments

Answer

Administrative rules may never impose monetary sanctions

Answer

The fine amount is below the constitutional minimum

Question 2

In a formal adjudicative proceeding before a Utah agency, which evidentiary principle applies?

Accepted Answer

Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons, even if inadmissible in court

Answer

The Utah Rules of Evidence apply in full and hearsay is inadmissible

Answer

The presiding officer may not exclude any evidence offered by a party

Answer

Only sworn affidavits may be considered

Question 3

Under Utah law, an agency's factual finding in a formal proceeding rests solely on uncorroborated hearsay. On review, this finding is:

Accepted Answer

Vulnerable, because under the residuum rule findings must be supported by at least some competent, non-hearsay evidence

Answer

Automatically affirmed because hearsay is admissible in agency proceedings

Answer

Reviewed de novo by the appellate court

Answer

Conclusive unless the declarant recants

Question 4

A Utah citizen wants to force an agency to adopt a rule addressing a safety hazard. Under the Utah Administrative Rulemaking Act, she may:

Accepted Answer

Petition the agency to make a rule, which the agency must respond to within the statutory period

Answer

File a writ of mandamus without contacting the agency

Answer

Petition the Governor to issue the rule by executive order

Answer

Submit the rule directly to the Legislature's Administrative Rules Review Committee for enactment

Question 5

Which Utah legislative body reviews existing administrative rules and may recommend that the Legislature not reauthorize them?

Accepted Answer

The Administrative Rules Review and General Oversight Committee

Answer

The Judicial Conduct Commission

Answer

The Governor's Office of Management and Budget

Answer

The Office of Legislative Auditor General

Question 6

A hearing officer in a formal Utah adjudicative proceeding privately telephones the agency's investigator to discuss disputed facts while the case is pending. This most directly violates:

Accepted Answer

The prohibition on ex parte communications in adjudicative proceedings

Answer

The Utah Open and Public Meetings Act

Answer

The Government Records Access and Management Act (GRAMA)

Answer

The rule against agency subdelegation

Question 7

On judicial review, a Utah court may grant relief from agency action that is 'arbitrary and capricious.' This standard is best described as asking whether the action:

Accepted Answer

Lacks any reasoned basis or is contrary to the evidence and logic before the agency

Answer

Would have been decided differently by the reviewing judge

Answer

Was adopted by a divided vote of the agency board

Answer

Adversely affects any private property interest