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City of Huntington Beach v. PUC of the State of California (Crown Castle Ng West Inc.)
City of Huntington Beach successfully challenges Public Utilities Commission’s approval of project that proposes to install antennas within city.
Administrative Agencies Mar. 15, 2013
Multistar Industries Inc. v. U.S. Dept. of Transportation
Motor carrier may not petition for review of 'unsatisfactory' safety rating by challenging violations that did not factor into agency's final rating.
Administrative Agencies Feb. 8, 2013
Hoberman-Kelly v. Valverde
Suspension of driver’s license for refusal to submit to blood test is invalid when video showed that officer ignored driver’s repeated consent to test.
Administrative Agencies Feb. 7, 2013
Austin v. Valverde
DMV must provide free copy of administrative hearing transcript to driver who challenged license suspension due to refusal to take blood alcohol test.
Administrative Agencies Dec. 2, 2012
West Washington Properties LLC v. California Dept. of Transportation
California Dept. of Transportation may issue notice of violation for ‘wallscape’ that violated Outdoor Advertising Act, despite taking no action for over 20 years.
Administrative Agencies Nov. 6, 2012
Alcoa Inc. v. Bonneville Power Administration
Bonneville Power Administration may enter into contract to sell electricity to private company at cost-based rate, which could create profit.
Administrative Agencies Oct. 17, 2012
Matteo v. California State DMV
DMV must grant restricted license to driver who had been suspended for 90 days for driving under the influence twice in 10 years.
Administrative Agencies Sep. 24, 2012
Lone Star Security & Video Inc. v. Bureau of Security and Investigative Services
State agency revokes alarm company's license due to its unlicensed operator's untrue and misleading statements to customers.
Administrative Agencies Sep. 19, 2012
City of Redding v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission does not exceed its authority by issuing orders 'resetting' market clearing prices to calculate refunds due from public utilities.
Administrative Agencies Aug. 28, 2012
Hansen v. Board of Registered Nursing
No due process violation occurs where Board of Registered Nursing revoked license after serving nurse at last known address and nurse filed writ after deadline.
Administrative Agencies Aug. 17, 2012
Kifle-Thompson v. State Board of Chiropractic Examiners
Writ of administrative mandate is unavailable to chiropractor whose license was revoked where substantial evidence supported Board of Chiropractic Examiners' decision to revoke license.
Administrative Agencies Aug. 15, 2012
Rand v. Board of Psychology
Board of Psychology has jurisdiction to discipline psychologist for unprofessional conduct while he was acting as special master in family law matter.
Administrative Agencies Jun. 11, 2012
Gillis v. Dental Board of California
Dental Board of California may discipline dentist for failure to return calls regarding mishandled procedure although conduct was not listed in Dental Practices Act.
Administrative Agencies May 23, 2012
City of Palmdale v. State Board of Equalization (City of Pomona)
Proposed stipulated settlement vacating judgment, which faulted State Board of Equalization, is improper because public interest is served by reprimand of Board.
Administrative Agencies May 23, 2012
Astrue v. Capato
Posthumously conceived children of deceased wage earner, who do not qualify for inheritance through intestate succession, are not entitled to Social Security survivors benefits.
Administrative Agencies May 21, 2012
Rand v. Board of Psychology
Board of Psychology has jurisdiction to discipline psychologist for unprofessional conduct while he was acting as special master in family law matter.
Administrative Agencies May 10, 2012
Sulla v. Board of Registered Nursing
Board of Registered Nursing's imposition of discipline on registered nurse found driving with blood alcohol level of .16 percent is authorized, even without nexus between misconduct and professional qualifications.
Administrative Agencies May 9, 2012
Elder v. Pacfic Bell Telephone Co.
PUC does not have exclusive jurisdiction to resolve lawsuit against telephone companies alleging inclusion of unauthorized charges on telephone bills.
Administrative Agencies Apr. 30, 2012
Sauer v. U.S. Dept. of Education
State agency has no statutory obligation to sue federal government for failing to comply with Randolph-Sheppard Vending Stand Act arbitration award.
Administrative Agencies Feb. 6, 2012
Vitkievicz v. Valverde
Petition challenging DMV's revocation of driving privileges is untimely where petition was not filed within 94 days of mailing of notice of decision.
Administrative Agencies Jan. 26, 2012
Saraswati v. County of San Diego
Where county’s determination affects parent’s vested fundamental right to familial privacy, reviewing court must apply independent judgment on evidence.
Administrative Agencies Jan. 12, 2012
Hardesty v. Sacramento Metropolitan Air Quality Management District
In review of hearing board's issuance of abatement order, independent judgment standard does not apply where mining operation would not be driven out of business due to order.
Administrative Agencies Dec. 28, 2011
Judulang v. Holder
Agency’s approach in determining alien’s deportability is reversed where determinations result in arbitrary decisions based on factors irrelevant to immigration system.
Administrative Agencies Dec. 13, 2011
Imports Performance v. Dept. of Consumer Affairs, Bureau of Automotive Repair
Bureau of Automotive Repair properly revokes smog check license probation based on preponderance of evidence, and may reject pro rata reduction in determining costs.
Administrative Agencies Dec. 9, 2011
Stiger v. Flippin
Administrative subpoenas issued by Medical Board of California are valid as part of investigation into timeliness of defendants' submission of peer review report.
Administrative Agencies Dec. 7, 2011
Montana Consumer Counsel v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission’s market-based rate policy does not violate Federal Power Act in determining reasonable rates for power wholesalers.
Administrative Agencies Oct. 13, 2011
DeCicco v. California Coastal Commission
California Coastal Commission has appellate jurisdiction over project that requires approval of subdivision of land, even if project also constitutes ‘principal permitted use.’
Administrative Agencies Oct. 3, 2011
California Association of Medical Products Suppliers v. Maxwell-Jolly
Dept.'s adoption of regulations setting upper billing limits for providers of durable medical equipment to Medi-Cal recipients does not violate Administrative Procedures Act.
Administrative Agencies Sep. 18, 2011
Roy v. Superior Court (Medical Board of California)
Physician is subject to disciplinary action based on 'sexual relations' with patient, even if physician was mere recipient of sexually intimate contact.
Administrative Agencies Sep. 1, 2011
Valadez-Lopez v. Chertoff
Administrative exhaustion requirement is met where agency denied administrative tort claims six months after filing, but before complaint was amended to name U.S. as party.
Administrative Agencies Aug. 29, 2011