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People v. Miller Brewing Co.
Beer manufacturer may give cash rebates on purchase of beer when consumers purchase non-alcoholic products.
Administrative Agencies Feb. 28, 2003
Washington State Dept. of Social and Health Services v. Guardianship Estate of Keffeler
State's use of social security benefits to reimburse expenses for foster care program does not violate Social Security Act.
Administrative Agencies Feb. 24, 2003
Duarte & Witting, Inc. v. New Motor Vehicle Board (DaimlerChrysler Motors Corp.)
New Motor Vehicle Board has implied authority to dismiss protest where undisputed facts demonstrate good cause for franchise termination.
Administrative Agencies Feb. 20, 2003
California Youth Authority v. State Personnel Board (Henderson)
Reviewing court isn't required to give great weight to administrative law judges credibility determinations in employee dismissal action by California Youth Authority.
Administrative Agencies Feb. 20, 2003
Farmers Insurance Group of Companies v. Workers' Compensation Appeals Board
Unless specifically related to fraud, restitution payment may not be credited against workers' compensation benefits.
Administrative Agencies Feb. 20, 2003
Zinnemann v. Bagnol
Claimants who engaged in post-bankruptcy maneuvering are not eligible to recover from Real Estate Recovery Program.
Administrative Agencies Feb. 20, 2003
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Southland Corp.)
Administrative law judge was entitled to rely upon record to conclude police decoy who purchased alcohol was underage.
Administrative Agencies Feb. 5, 2003
Dibble v. Gourley
In challenge of driver's license suspension, plaintiff waived objection to unsworn reports by failing to appear at administrative hearing.
Administrative Agencies Feb. 4, 2003
Komizu v. Gourley
Blood alcohol result that was typed six days after test was administered was admissible in license revocation hearing.
Administrative Agencies Feb. 4, 2003
Greenlining Institute v. Public Utilities Commission (Pacific Bell Telephone Co.)
Public utilities commission lacks jurisdiction to decide whether utility violated unfair competition law.
Administrative Agencies Feb. 4, 2003
Marquez v. Gourley
Driver who wishes to obtain judicial review of DMV's decision to suspend his license must first request administrative hearing before DMV.
Administrative Agencies Feb. 3, 2003
Conlan v. Bonta
Agency failed to establish reasonable procedure for Medi-Cal beneficiaries to be reimbursed for overpayments.
Administrative Agencies Feb. 3, 2003
Hamilton v. Gourley
Suspension of commercial license isn't authorized where driver was convicted of driving with .08 percent blood alcohol content, not DUI conviction.
Administrative Agencies Jan. 29, 2003
Opinion of Lockyer
Little Hoover Commission is not authorized to comprehensively review administrative operations of court system.
Administrative Agencies Jan. 28, 2003
Barnhart v. Peabody
Initial assignments of beneficiaries made by Social Security Commissioner after deadline imposed by Coal Industry Retiree Health Benefit Act are valid.
Administrative Agencies Jan. 22, 2003
Wards Cove Packing Corp. v. National Marine Fisheries Service
Deferment to agency's interpretive rule was improper since regulation governing fishing operations is clear and unambiguous.
Administrative Agencies Jan. 15, 2003
Redevelopment Agency of the City of San Diego
Redevelopment Agency is not required to show compliance with CERCLA in order to recover clean-up costs from former property owner.
Administrative Agencies Jan. 7, 2003
Opinion of Lockyer
Statute prohibiting clinical psychologists from prescribing drugs is constitutional.
Administrative Agencies Dec. 26, 2002
California Trout Inc. v. Federal Energy Regulatory Commission
Energy commission acted within its authority in issuing annual licenses absent utility's compliance with water quality certification requirement.
Administrative Agencies Dec. 25, 2002
U.S. v. Bean
Mere inaction by Bureau of Alcohol Tobacco and Firearms does not automatically grant court jurisdiction to hear claim involving firearm application.
Administrative Agencies Dec. 16, 2002
Shannon v. Gourley
Where forensic trainee was adequately supervised, DMV established requisite foundation for admission of blood-alcohol concentration evidence.
Administrative Agencies Dec. 3, 2002
Maples v. Kern County Assessment Appeals Board
Purchase price of petroleum reserve in Kern County is proper valuation as taxable property and real property interests.
Administrative Agencies Dec. 3, 2002
Federal Election Commission v. Toledano
Former chairman of Orange County Democratic Party violated Federal Election Campaign Act when failing to disclose improper campaign contribution.
Administrative Agencies Nov. 20, 2002
Yellow Transportation Inc. v. Michigan
Reciprocity agreements under former "bingo card regime" has no effect on fee cap provision enacted by Intermodal Surface Transportation Efficiency Act.
Administrative Agencies Nov. 12, 2002
Southern California Edison Co. v. Public Utilities Commission of California
Public Utilities Commission's revised formula used to measure a utility's 'short run avoided costs' is proper method.
Administrative Agencies Nov. 10, 2002
Mountain Rhythm Resources v. Federal Energy Regulatory Commission
In absence of state certifications, dismissal of hydropower license applications by Federal Energy Regulatory Commission is not arbitrary, capricious or abuse of discretion.
Administrative Agencies Oct. 29, 2002
Zuckerman v. Board of Chiropractic Examiners
Chiropractor disciplined for misconduct may be ordered to pay costs of investigation and prosecution of case.
Administrative Agencies Oct. 13, 2002
La Costa Beach Homeowners' Assn. v. California Coastal Commission
California Coastal Commission properly allowed deletion of view corridor conditions and dedication of beach parcel.
Administrative Agencies Oct. 7, 2002
DMV v. Superior Court (People)
Driving record regarding physical or mental condition is confidential information but not absolutely privileged.
Administrative Agencies Oct. 2, 2002
Furman v. DMV
DMV's forensic alcohol analysis was not sufficient competent evidence to support suspension of driving privilege.
Administrative Agencies Oct. 2, 2002