11 results for 'cat:"Administrative Law" AND cat:"Licensing"'.
J. Ellison finds that a corporation that seeks a review of a hearing in which its license to sell, manufacture or import firearms was revoked, is not entitled to a preliminary injunction of the license revocation. The Bureau of Alcohol Tobacco and Firearms presented a history of willful violations indicating that the corporation is unlikely to prevail in the case. The corporation’s motion for a preliminary injunction is denied.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 17, 2024, Case #: 4:23cv3887, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Government, licensing
Per curiam, the appellate division finds that the lower court properly denied the woman's request to seal her record of child neglect making her unable to obtain a childcare license. The report's allegations were supported by the evidence and related to the woman's childcare employment. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 9, 2024, Case #: 01899, Categories: administrative Law, licensing
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. Hoyle finds the trial court improperly granted the county's plea to the jurisdiction, dismissing this suit. The game room operator alleged the county unconstitutionally enacted regulations requiring that game rooms obtain a license. Though sovereign immunity bars Declaratory Judgment Act actions against the state absent a waiver, the Act also allows persons to challenge the validity of ordinances or statutes. Because the county may be bound by a court’s declaration on those ordinances or statutes, they must be “joined in suits to construe their legislative pronouncements.” Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00231-CV, Categories: administrative Law, licensing, Immunity
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J. McLeese finds that, although the Office of Administrative Hearings properly determined a company is subject to regulation by the D.C. Department of For-Hire Vehicles, the cease-and-desist order issued against the company must be reversed. The company's activities fall under the Taxicab Commission Establishment Act; however, the department failed to show the company's failure to register impeded its ability to monitor the company's activities. Reversed in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: February 29, 2024, Case #: 21-AA-0751 , Categories: administrative Law, licensing, Vehicle
J. Windhorst finds that the trial court properly granted a driver's motion to reinstate his license after being arrested for drunk driving. The driver requested an administrative hearing to contest the Office of Motor Vehicle's decision to disqualify him from operating a commercial motor vehicle for one year. In this case, the Office did not show that the police officer had reasonable grounds to believe that the driver had been driving under the influence of alcohol at the time of the traffic stop. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: July 26, 2023, Case #: 22-CA-374, Categories: administrative Law, licensing, Contract
J. Dever remands to the North Carolina Division of Motor Vehicles a case filed by 46 Ford dealers against Ford Motor Co. pertaining to the company's Model e Program, a voluntary program that allows dealers to invest in Ford's manufacture of more electronic vehicles the dealers say violates state licensing laws. The dealers' petition, filed with the commissioner, was not a civil action subject to removal, and state interests outweigh federal interests.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: July 18, 2023, Case #: 5:23CV167, NOS: Other Contract - Contract, Categories: administrative Law, licensing, Vehicle
J. Brody finds that the district court properly upheld an administration hearing officer's rejection of a driver's challenge to the suspension of his driver's license. The 15-minute pretest observation period prior to a DUI blood-alcohol test is discretionary, so the three minutes during which an officer was not watching him did not compromise the test results that showed he was over the limit. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 9, 2023, Case #: 49298, Categories: administrative Law, licensing