13 results for 'cat:"Administrative Law" AND cat:"Due Process"'.
J. Poochigian finds that a driver is entitled to a new administrative hearing to reconsider a DUI license suspension. The driver's due process rights were violated under this court's decision in California DUI Lawyers Association. The presiding public hearing officer impermissibly acted as both an adjudicator and as an advocate. His attempt to undermine the driver's expert during questioning and his decision's mischaracterization of the expert's testimony demonstrated advocacy for the Department of Motor Vehicles. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: April 4, 2024, Case #: F085992, Categories: administrative Law, Licensing, due Process
J. Tuchi grants the government's motion to dismiss due process rights claims brought by an attorney who cultivates psilocybin mushrooms, marijuana, and coca leaves. The government sufficiently showed in court that the attorney has failed to establish a protected liberty or property interest.
Court: USDC Arizona, Judge: Tuchi, Filed On: March 28, 2024, Case #: 2:22cv1224, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, Government, due Process
J. Cadish finds the district court properly denied the correctional officer's petition for judicial review of an administrative decision. The officer was suspended for 5 days for insubordination and says the department received a time extension without good cause while conducting its investigation. Though the extension was given strictly for the department to decide the length of the suspension, and done after the investigation had been completed, the proposed discipline is part of the process of review and subject to the same rules and needs. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 12, 2023, Case #: 85257, Categories: administrative Law, Employment, due Process
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[Consolidated.] J. Rowe, on certiorari, finds the court of civil appeals properly found the district court had limited jurisdiction to hear the Department of Corrections suit against the state auditor, affirming its conclusion that the Tulsa County jail’s “actual daily cost” to house inmates includes consumable and fixed costs. The state auditor’ failed to account for the additional costs for housing an inmate not otherwise incurred as to be “reimbursed” by the state, as predicated on the inmate’s presence. The auditor employed an “operating cost-based calculation,” which does not result in a determination of “actual daily cost.”
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: October 10, 2023, Case #: 119,907, Categories: administrative Law, due Process
J. Milkey affirms the denial of a sex offender’s motion to vacate his level three sex offender classification and grant him a new hearing based on allegedly having received ineffective counsel. Too much time has passed since he was classified and received counsel for him to make this appeal, when he could instead apply for reclassification based on changed circumstances.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: September 28, 2023, Case #: 22-P-66, Categories: administrative Law, due Process, Assault
J. Soto finds the Texas Health & Human Services Commission did not err in fining and revoking the license of a home healthcare company following a range of alleged regulatory violations. The company argued there was not adequate evidence to support this action, but the company “does not even address the merits of most of the violations,” and HHSC is “broadly empowered” to revoke licenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 14, 2023, Case #: 08-22-00223-CV, Categories: administrative Law, Health Care, due Process
J. Flaum finds that the lower court properly dismissed two individual's claims against the Director of Illinois' Department of Employment Security stemming from their unprocessed applications for unemployment benefits that left them benefit-less through the Covid-19 pandemic. Mandamus provides an adequate state-law remedy in this case, so the individuals fail to make a valid claim for federal procedural due process violations. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: August 7, 2023, Case #: 22-2859, Categories: administrative Law, due Process, Agency
J. Edmondson finds the trial court improperly granted summary judgment to the city in this suit brought by the hotel operator on claims that the Tulsa Tourism Improvement District was improperly created because more than 50% of hotel owners protested. The city has produced only disputed evidence, which is insufficient to support the court’s conclusion that certain “Notices to the Public” were not sufficient protests in writing because they were “prepared, signed and delivered” after the district was created. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 119662, Categories: administrative Law, Municipal Law, due Process
J. Elrod finds the district court properly ordered a group of Mississippi legislators to produce a privilege log after it entered a lawsuit opposing a new law abolishing the Jackson Municipal Airport Authority, replacing it with a regional authority for which not all commissioners are selected by Jackson city government. A privilege log is necessary to determine which documents and communications are protected by legislative privilege, though the court did err in broadly holding that legislative privilege was automatically waived for documents shared with third parties. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Elrod, Filed On: May 10, 2023, Case #: 21-60312, Categories: administrative Law, due Process, Discovery