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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

MCLE Test and Answer Sheet
Test No. 130: Fair Hearing
(October 2004)


Instructions for Obtaining MCLE Credits


The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.


2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 
Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.
Test Sheet 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. The balancing test adopted by the U.S. Supreme Court in Matthews v. Eldridge for determining the appropriate level of administrative due process required by a government action is composed of five factors that address private interests and governmental interests.
 True.
False.

2. Compliance with the California Administrative Procedure Act (APA) is mandatory for state and local administrative agencies.
 True.
False.

3. There are two types of bias that impair the fairness and impartiality of adjudicators: personal and institutional.
 True.
False.

4. In Haas v. County of San Bernardino, the allegations of bias involved the hearing officer having a pecuniary interest in the ultimate resolution of the case.
 True.
False.

5. The traditional method of guaranteeing a fair and impartial adjudicator is voir dire.
 True.
False.

6. Due process requires that adjudicators be disqualified solely because of an appearance of bias.
 True.
False.

7. Common situations in which courts have found constitutionally impermissible bias requiring disqualification of an adjudicator include:
A. Pecuniary interest.
B. Involvement of an adjudicator in matters directly concerning the entity or individual whose rights are being determined at the hearing.
C. Prejudice on the part of the adjudicator due to his or her prior involvement as an accuser, investigator, or fact finder.
D. All of the above.

8. The court in Southern California Underground Contractors, Inc. (SoCal) v. City of San Diego addressed the issue of the adjudicator's personal bias.
 True.
False.

9. If the government agency conducting the hearing has overlapping investigative, prosecutorial, and adjudicative functions, courts will always find that the agency did not conduct a fair hearing.
 True.
False.

10. Absent actual bias, the rule of necessity precludes a claim of bias based on a structure of government that includes a combination of functions.
 True.
False.

11. The APA does not permit a combination of the investigative, prosecutorial, and adjudicative functions by the hearing agency.
 True.
False.

12. The only permissible method for seeking disqualification of an adjudicator in a formal hearing under the APA is an affidavit alleging with particularity the grounds for disqualification.
 True.
False.

13. The APA's Administrative Adjudication Bill of Rights contains detailed specifications on the contents of the notice for an administrative hearing.
 True.
False.

14. The SoCal court found that SoCal was not given sufficient time to prepare for the hearing and provided SoCal with an additional 60 days to prepare for a second hearing so it could:
A. Notice necessary parties.
B. Present live testimony.
C. Conduct depositions.
D. All of the above.

15. Presenting live witnesses at an administrative adjudication is a fundamental due process right.
 True.
False.

16. State agencies are expressly granted subpoena power for both formal and informal hearings.
 True.
False.

17. There is a constitutional right to prehearing discovery, and each agency can establish the extent and scope of the discovery applicable to its proceedings.
 True.
False.

18. An adjudicator must provide a written decision to the parties that includes:
A. The reasoning behind the decision.
B. The evidence relied upon by the adjudicator.
C. Sufficient information describing the mode of analysis used by the adjudicator.
D. All of the above.

19. A petition for a writ of administrative mandamus is the only available method to challenge a decision resulting from an administrative adjudication.
 True.
False.

20. A writ of mandamus can be pursued at any time during the administrative adjudication process, including prior to a final decision from the agency conducting the adjudication hearing.
 True.
False.

 

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

   
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