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Center for Biological Diversity v. Norton
Secretary of Interior must explain denial of endangered species status within 12 months of petition filing.
Administrative Agencies Aug. 24, 2001
Friends of the Cowlitz v. City of Tacoma
Court cannot review energy commission's ruling against environmental group.
Administrative Agencies Aug. 23, 2001
Edlund v. Massanari
Judge wrongfully denied disability benefits to worker whose mental impairment was substantiated by uncontradicted psychological opinion.
Administrative Agencies Aug. 23, 2001
Petricka v. Dept. of Motor Vehicles
When DMV satisfies prima facie case for DUI, burden shifts to licensee to show that blood test was not properly performed.
Administrative Agencies Aug. 10, 2001
Debalco Enterprises Inc. v. Industrial Claim Appeals Office
Initial claim for unemployment benefits sufficient basis to claim for benefits based on later separation.
Administrative Agencies Aug. 7, 2001
The League of Women Voters of Colorado v. Davidson
Advertisements that expressly advocate electing or defeating particular candidate are not subject to Fair Campaign Practices Act.
Administrative Agencies Aug. 1, 2001
Boeheim v. Industrial Claim Appeals Office
Deferral of unemployment benefits is appropriate where disqualification was imposed based on separation from employment.
Administrative Agencies Aug. 1, 2001
McCallum v. Colorado State Board of Parole
Parole board not required to follow requirements of state administrative procedures act.
Administrative Agencies Jul. 31, 2001
Barnes v. Colorado Department of Revenue
Arresting officer must be physically present at driver license revocation hearing when requested by licensee.
Administrative Agencies Jul. 31, 2001
Pinto v. Massanari
Denial of disability benefits must be supported by findings that claimant can perform past relevant work as generally and actually performed.
Administrative Agencies Jul. 18, 2001
Herrera v. State of California Dept. of Real Estate
Revocation of Realtor's license three years after State Bar suspends him from practice of law is within statute of limitations.
Administrative Agencies Jul. 17, 2001
Medical Board of California v. Superior Court (Anselm On-Sang Lam)
More specific statute does not impliedly repeal general one when the two are not so inconsistent that they cannot have concurrent operation.
Administrative Agencies Jul. 17, 2001
City of Vernon v. Public Utilities Commission of The State of California (Atchison, Topeka & Santa Fe Railway)
Public Utilites Commisson does not abuse discretion by dismissing complaint when city fails to demonstrate that project will cause significant environmental impact.
Administrative Agencies Jul. 17, 2001
US West Communications Inc. v. Washington Utilities and Transportation Commission
Wireless communications company is entitled to greater compensation for providing greater geographic coverage for other company's phone traffic.
Administrative Agencies Jul. 16, 2001
Pagter v. Massanari
Civil service retirement annuity is pension for purpose of determining husband's benefits on wife's Social Security account.
Administrative Agencies Jul. 16, 2001
Mason v. Office of Administrative Hearings
Subjectivity of statute defining mental retardation did not render statute unconstitutionally vague, especially since developmental disabilities are difficult to diagnose.
Administrative Agencies Jul. 12, 2001
United States v. Snoring Relief Labs Inc.
When reviewing decision by FDA under Federal Food, Drug and Cosmetic Act, court should apply arbitrary and capricious standard.
Administrative Agencies Jul. 4, 2001
Salas v. Grancare Inc.
Complaint against nursing home for substandard care may be commenced in district court without first exhausting administrative remedies.
Administrative Agencies Jul. 3, 2001
Federal Election Commission v. Colorado Republican Federal Campaign Committee
Limitations on political expenditures coordinated with a candidate may be limited under federal election law.
Administrative Agencies Jul. 2, 2001
Solovij v. Gourley
DMV hearing officer may not rely on officer's unsworn report to determine whether probable cause for arrest existed.
Administrative Agencies Jun. 29, 2001
Dikeman v. Halter
Substantial evidence did not support administrative judge's finding that plaintiff had transferable skills and did not qualify for social security disability benefits.
Administrative Agencies Jun. 28, 2001
Holohan v. Massanari
Administrative law judge commits reversible error in finding claimant is not disabled when record contains substantial evidence to support finding of disability .
Administrative Agencies Jun. 28, 2001
CHW West Bay v. Thompson
Hospital was wrongfully denied bonus incentive when added costs were due to factors beyond its control.
Administrative Agencies Jun. 28, 2001
In re California Power Exchange Corp.
California municipality and public utility aren't entitled to extraordinary relief from nonfinal Federal Energy Regulatory Commission orders restructuring state's electricity market.
Administrative Agencies Jun. 28, 2001
U.S. v. Mead Corp.
Imposition of tariff by Customs Service has persuasive force and must be assessed by lower court.
Administrative Agencies Jun. 25, 2001
Raygor v. Board of County Commissioners of the County of El Paso
County gave adequate notice of public meeting for consideration of zoning plan.
Administrative Agencies Jun. 25, 2001
United States v. Mead Corp.
Customs Service's tariff classification rulings are not entitled to judicial deference since they don't have the force of law.
Administrative Agencies Jun. 18, 2001
Martinez v. Department of Health & Human Services
Order
Administrative Agencies Jun. 13, 2001
Shaffer v. Arizona State Liquor Board
In administrative decision appeals, superior court is not an independent fact finder that reweighs evidence without deference to administrative proceedings.
Administrative Agencies Jun. 12, 2001
Pinedo v. Arizona Department of Transportation
Administrative law judge exceeds limited scope of authority in considering constitutionality of traffic stop in driver's license suspension hearing.
Administrative Agencies Jun. 11, 2001