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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
In re Lee
Governor's denial of parole must be supported by some evidence that prisoner's release would unreasonably endanger public safety.
Administrative Agencies 2DCA/8 Feb. 5, 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
Agua Caliente Band of Cahuilla Indians v. Superior Court (Fair Political Practices Comm'n.
Indian tribe may not claim tribal immunity to avoid complying with reporting requirements contained in Political Reform Act.
Administrative Agencies Dec. 21, 2006
Carson v. Billings Police Dept.
District court did not abuse its discretion when it cut attorney's hourly rate and disallowed some hours.
Administrative Agencies Dec. 15, 2006
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
U.S. ex rel. Hendow v. University of Phoenix
Complaint is improperly dimissed where plaintiffs claimed university did not comply with requirements for receipt of federal subsidies.
Administrative Agencies Nov. 7, 2006
Anchor Lighting v. Southern California Edison Co.
Courts lacks jurisdiction to review determination by Public Utilities Commission regarding rate reductions pursuant to Electric Utilities Restructuring Act.
Administrative Agencies Nov. 6, 2006
Petropoulos v. Dept. of Real Estate
Where broker pled guilty to misdemeanor battery, Dept. of Real Estate's revocation of license is not proper.
Administrative Agencies Nov. 6, 2006
Copley Press v. Superior Court (County of San Diego)
Records of administrative proceedings involving peace officer are protected from disclosure under California Public Records Act by provisions of Penal Code.
Administrative Agencies Nov. 6, 2006
The Fitzgerald Living Trust v. United States
Forest Service had statutory authority under Federal Land Policy Management Act to impose restrictions on private landowner's access over national forest land.
Administrative Agencies Oct. 26, 2006
Webb v. Barnhart
In disability case, administrative law judge lacked substantial evidence to find that plaintiff did not have medically severe impairment.
Administrative Agencies Oct. 24, 2006
Carpenter v. Mineta
Federal Railroad Administration's determination that employee should be denied certification as locomotive engineer was proper.
Administrative Agencies Oct. 24, 2006