Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C052807
|
Chevron Stations Inc. v. Alcoholic Beverage Control Appeals Board (Dept. of Alcoholic Beverage Control)
If agency's 'standard procedure' for administrative hearings violates Administrative Procedure Act, agency bears the burden of disproving violation before administrative appeals board. |
Administrative Agencies |
|
Apr. 3, 2007 | |
C052807
|
Chevron Stations Inc. v. Alcoholic Beverage Control Appeals Board (Dept. of Alcoholic Beverage Control)
If agency's 'standard procedure' for administrative hearings violates Administrative Procedure Act, agency bears the burden of disproving violation before administrative appeals board. |
Administrative Agencies |
|
Mar. 30, 2007 | |
S133331
|
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Quintanar)
Agency prosecutor may not communicate with agency decision maker about substance of case until final decision is made. |
Administrative Agencies |
|
Mar. 29, 2007 | |
04-57046
|
Parra v. Astrue
Claimant bears burden of proving substance abuse is not material contributing factor to disability for purposes of receiving disability benefits. |
Administrative Agencies |
|
Mar. 29, 2007 | |
H028931
|
Feduniak v. California Coastal Commission
Although California Coastal Commission had not previously enforced landscaping restrictions on certain property, it may not be equitably estopped from later enforcing them. |
Administrative Agencies |
|
Mar. 28, 2007 | |
04-15690
|
Lounsburry v. Barnhart
Medical-Vocational Guidelines must be applied to claimant with exertional and non-exertional limitations, and its finding of claimant's disability is final. |
Administrative Agencies |
|
Mar. 21, 2007 | |
B186206
|
Paleski v. State Dept. of Health Services
State law exempts Dept. of Health Services' published drug criteria from Administrative Procedure Act. |
Administrative Agencies |
|
Mar. 21, 2007 | |
05-35178
|
Western Watersheds Project v. Matejko
Bureau of Land Management is not required to consult with regard to its decision not to impose conditions on water diversions. |
Administrative Agencies |
|
Mar. 21, 2007 | |
C050171
|
Savient Pharmaceuticals Inc. v. Dept. of Health Services (Ramsell Corp.)
AIDS Drug Assistance Program formulary is regulation subject to Administrative Procedures Act. |
Administrative Agencies |
|
Mar. 20, 2007 | |
D046617
|
Ohton v. Board of Trustees of the California State University
Complainant must petition for writ review of administrative proceeding to establish his complaint was not 'satisfactorily addressed' as condition precedent to filing suit. |
Administrative Agencies |
|
Mar. 19, 2007 | |
C051294
|
California Association for Health Services at Home v. Dept. of Health Services
Home health care providers succeed on writ to compel Dept. of Health Services to conduct annual review of Medi-Cal reimbursement rates. |
Administrative Agencies |
|
Mar. 19, 2007 | |
C047172
|
Capen v. Shewry
Read together, Health and Safety Code Sections 1204 and 1206 require licensing of single owner surgical clinics that operate in group practice. |
Administrative Agencies |
|
Mar. 14, 2007 | |
04-56424
|
Van v. Barnhart
Successful Social Security claimant, enforcing determination to which government consents, timely files for attorney fees within 30 days after appeal period expires. |
Administrative Agencies |
|
Mar. 7, 2007 | |
C050171
|
Savient Pharmaceuticals Inc. v. Dept. of Health Services (Ramsell Corp.)
AIDS Drug Assistance Program formulary is regulation subject to Administrative Procedures Act. |
Administrative Agencies |
|
Feb. 16, 2007 | |
C051245
|
Overaa Construction v. California Occupational Safety and Health Appeals Board (Dept. of Industrial Relations)
Appeals board did not err in finding violation of Cal/OSHA safety regulation requiring protective system for excavations. |
Administrative Agencies |
|
Feb. 2, 2007 | |
B186125
|
Benson v. California Coastal Commission
Notice of hearing was adequate where developer could not reasonably rely on predictions of California Coastal Commission's staff. |
Administrative Agencies |
|
Jan. 29, 2007 | |
04-1527
|
S.D. Warren Co. v. Maine Board of Environmental Protection
In regard to operation of dams, state certifications are needed where dams raise potential for discharge. |
Administrative Agencies |
|
Jan. 29, 2007 | |
04-16976
|
J&G Sales Ltd. v. Truscott
Bureau of Alcohol, Tobacco and Firearms possessed statutory authority to issue letter demanding that firearm dealer provide records relating to secondhand firearms. |
Administrative Agencies |
|
Jan. 19, 2007 | |
04-36136
|
Sacks v. Office of Foreign Assets Control
Where plaintiff's challenges to travel ban and medicine restrictions sanctions fail, dismissal of complaint is proper. |
Administrative Agencies |
|
Jan. 11, 2007 | |
05-669
|
BP America Production Co. v. Burton
Dept. of Interior's Minerals Management Service properly ordered lessees to pay additional royalties for gas leases. |
Administrative Agencies |
|
Dec. 15, 2006 | |
04-16607
|
American Federation of Government Employees v. Principi
District court may review petition by Veterans Affairs employee even though another court has exclusive jurisdiction over claims involving employees like him. |
Administrative Agencies |
|
Dec. 6, 2006 | |
04-74247
|
R. Williams Construction Co. v. Occupational Safety & Health Review Commission
Evidence of broad neglect of safety is sufficient to support multiple OSHA violations, following fatal cave-in accident at construction site. |
Administrative Agencies |
|
Dec. 6, 2006 | |
05-35637
|
Oregon Natural Desert Association v. U.S. Forest Service
USFS' issuance of annual operating instructions to grazing permit holders constitutes final agency action, subject to judicial review under Administrative Procedure Act. |
Administrative Agencies |
|
Dec. 6, 2006 | |
04-70635
|
Pacific Gas and Electric Co. v. Federal Energy Regulatory Commission
Court lacks jurisdiction to review petitions challenging FERC's decision not to prosecute certain energy providers, and collaterally attacking prior FERC decision. |
Administrative Agencies |
|
Dec. 5, 2006 | |
04-15690
|
Lounsburry v. Barnhart
Medical-Vocational Guidelines must be applied to claimant with exertional and non-exertional limitations, and its finding of claimant's disability is final. |
Administrative Agencies |
|
Dec. 5, 2006 | |
04-15788
|
Animal Legal Defense Fund v. Veneman
Federal agency's abandonment of discretionary course of action may be subject to judicial review. |
Administrative Agencies |
|
Dec. 1, 2006 | |
B177986
|
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Quintanar)
Department of Alcoholic Beverage Control violated due process in conducting administrative proceedings. |
Administrative Agencies |
|
Nov. 15, 2006 | |
04-16382
|
Verizon California Inc. v. Peevey
CPUC's decision was not arbitrary and capricious in extending status quo until new interconnection agreement was in place. |
Administrative Agencies |
|
Nov. 8, 2006 | |
04-73800
|
New Edge Network Inc. v. FCC
Petitions challenging FCC's new rule are rejected where 'all-or-nothing' interpretation of provision of Telecommunication Act of 1996 is reasonable. |
Administrative Agencies |
|
Nov. 7, 2006 | |
01-71051
|
PUC v. Federal Energy Regulatory Commission
In case involving challenges to orders issued by FERC, court preserves scope of existing refund proceedings and expands scope to include additional transactions. |
Administrative Agencies |
|
Nov. 7, 2006 |