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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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