Due Process In Administrative Proceedings

593 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Int'l Harvester Co. v. Ruckelshaus
  478 F.2d 615· D.C. Cir.· 1973-02-10 ·cited 259×
  The court should ensure a framework for principled decision-making by the agency, including procedural rights like confrontation, rather than delving into technical merits.
• Marvia A. Cowart v. Schweiker
  662 F.2d 731· 11th Cir.· 1981-11-30 ·cited 213×
  The court held that the claimant was denied a full and fair hearing due to inadequate notice of the right to counsel, the ALJ's failure to develop a full record, and reliance on un-cross-examined medical reports.
• Hyser v. Reed
  318 F.2d 225· D.C. Cir.· 1963-04-11 ·cited 203×
  Parolees are entitled to a hearing at a geographically reasonable location but not to appointed counsel, compulsory process, or confrontation in all cases.
• Nat'l Labor Relations Bd. v. Golden AGE Bev. Co.
  415 F.2d 26· 5th Cir.· 1969-07-07 ·cited 174×
  The court held that the National Labor Relations Board did not abuse its discretion by refusing to set aside the representation election or grant an evidentiary hearing, and that employee affidavits were confidential.
• Hampton Hardy v. City OF Tarpon Springs
  81 So. 2d 503· Fla.· 1955-06-22 ·cited 153×
  Hampton Hardy sought workers' compensation for a foot amputation that occurred months after a workplace injury. The Florida Supreme Court reversed and remanded because the Deputy Commissioner failed to make adequate findings of fact, emphasizing that proper fact-finding is essent
• Loyce E. Hayes v. Dep't OF THE Navy
  727 F.2d 1535· Fed. Cir.· 1984-02-09 ·cited 134×
  The court affirmed the MSPB's decision, finding the agency's removal of the petitioner was not arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence.
• United States v. Gearey
  368 F.2d 144· 2d Cir.· 1966-10-21 ·cited 134×
  The court held that a registrant whose conscientious objector beliefs matured after receiving an induction notice, but before induction, is entitled to have his claim considered by the Local Board. However, if the Board determined the claim was not genuine or had matured prior to
• State v. Pattishall
  99 Fla. 296· Fla.· 1930-02-08 ·cited 125×
  The Florida Supreme Court held that an accusation against a licensed dentist for employing an unlicensed person to practice dentistry was insufficient because it failed to allege the specific statutory grounds for license revocation. The Court granted mandamus relief, establishin
• Bailey v. Van Pelt
  78 Fla. 337· Fla.· 1919-08-12 ·cited 125×
  Bailey was prosecuted for violating regulations requiring cattle dipping to prevent tick infestation, which were adopted by the Live Stock Sanitary Board after a county election approved compulsory tick eradication. On habeas corpus, Bailey challenged both the validity of the ele
• Whitecliff, Inc. v. The United States
  536 F.2d 347· Ct. Cl.· 1976-05-12 ·cited 117×
  The court held that the Medicare statute requires retroactive adjustments for inadequate reimbursement, and the case must be remanded for a determination of the provider's actual costs and reimbursement adequacy, rejecting the government's argument that a prior Supreme Court deci
• Nat'l Labor Relations Bd. v. Bata Shoe Co., Inc.
  377 F.2d 821· 4th Cir.· 1967-04-06 ·cited 112×
  The court held that the Board's order should not be enforced because the employer was denied a fair administrative hearing on substantial and material issues regarding the election's validity.
• Capeletti Bros., Inc. v. State
  362 So. 2d 346· Fla. 1st DCA· 1978-08-09 ·cited 101×
  The Florida Department of Transportation suspended Capeletti Brothers' construction bidding certificate based on alleged delinquency without complying with formal administrative procedures required by Florida Statutes Section 120.57. The court reversed, holding that an agency can
• Gilligan v. Sec. & Exch. Comm'n
  267 F.2d 461· 2d Cir.· 1959-06-03 ·cited 100×
  The court held that the petitioners were underwriters distributing unregistered securities because their resales constituted a public offering, and their claim of a numerical exemption was rejected.
• Nat'l Labor Relations Bd. v. SUN Drug Co., Inc.
  359 F.2d 408· 3d Cir.· 1966-04-19 ·cited 92×
  The court held that the National Labor Relations Board's order to bargain should be enforced, as the Board did not abuse its discretion in determining the appropriate bargaining unit or in excluding a challenged ballot without a formal hearing.
• Ass'n of Nat'l Advertisers, Inc. v. Fed. Trade Comm'n
  627 F.2d 1151· D.C. Cir.· 1979-12-27 ·cited 87×
  The court held that a Commissioner can be disqualified for bias in rulemaking only upon a showing of an unalterably closed mind, but the dissenting judge argued for a lower standard of preponderance of evidence for substantial bias.
• Parrott v. United States
  370 F.2d 388· 9th Cir.· 1966-12-16 ·cited 84×
  The court held that the admission of certified Selective Service files was proper, and that the classifications and convictions of the appellants were not erroneous, as there was a basis in fact for the classifications and no denial of due process.
• Cinderella Career & Finishing Schs., Inc. v. Fed. Trade Comm'n
  425 F.2d 583· D.C. Cir.· 1970-03-20 ·cited 78×
  The court held that the FTC Commissioners erred by reviewing advertisements de novo and ignoring the hearing examiner's findings and the evidence presented. It also held that Chairman Dixon's participation, due to public statements, created an appearance of prejudgment and violat
• Nat'l Labor Relations Bd. v. Globe Wireless
  193 F.2d 748· 9th Cir.· 1951-12-27 ·cited 77×
  The court held that discharging economic strikers before their positions are filled constitutes an unfair labor practice under the National Labor Relations Act, and that the Board can enlarge its complaint beyond the initial charge.
• Fla. Cities Water Co. v. Fla. Pub. Serv. Comm'n
  384 So. 2d 1280· Fla.· 1980-06-12 ·cited 75×
  The Florida Supreme Court reviewed a Public Service Commission order that abruptly reversed long-standing policy by disallowing depreciation deductions for contributions and advances in aid of construction in a water utility rate case. The Court held that while agencies need not
• Burroughs v. Bd. OF Trs. OF the Pension Tr. Fund FOR Operating Eng'rs
  542 F.2d 1128· 9th Cir.· 1976-10-04 ·cited 74×
  The court held that applying a break-in-employment rule retroactively without notice to deny pension benefits was arbitrary and capricious, but affirmed the denial of attorneys' fees due to the lack of an identifiable class of beneficiaries.
• Coral Reef Nurseries, Inc. v. The Babcock Co.
  410 So. 2d 648· Fla. 3d DCA· 1982-03-09 ·cited 72×
  The Florida District Court of Appeal upheld a zoning change approved by Dade County commissioners for Babcock Company's property, holding that while administrative res judicata applies to zoning decisions, substantial changes in circumstances between the 1978 denial and 1979 appr
• Frank Irey, JR., Inc. v. Occupational Safety & Health Review Comm'n
  519 F.2d 1200· 3d Cir.· 1974-11-04 ·cited 69×
  The court held that the Seventh Amendment mandates a jury trial for penalty proceedings under the Occupational Safety and Health Act.
• Polcover v. Secretary OF the Treasury
  477 F.2d 1223· D.C. Cir.· 1973-04-04 ·cited 68×
  The court affirmed the district court's judgment, holding that the agency's removal of the appellant was supported by substantial evidence and that no procedural errors occurred.
• Nat'l Labor Relations Bd. v. Ideal Laundry & DRY Cleaning Co.
  330 F.2d 712· 10th Cir.· 1964-04-23 ·cited 66×
  The court held that the respondent was denied a full hearing on the critical issue of bargaining unit appropriateness because the Board improperly excluded evidence regarding the desires of the employees. The court declined to enforce the Board's order.
• State v. Hollingsworth
  108 Fla. 607· Fla.· 1933-03-09 ·cited 66×
  The Florida Supreme Court granted a peremptory writ of certiorari vacating the State Board of Medical Examiners' revocation of Dr. Tullidge's medical license, holding that the Board violated statutory procedural requirements by failing to properly serve the accused with charges,
• Am. Broad. Co., Inc. v. Fed. Commc'ns Comm'n
  191 F.2d 492· D.C. Cir.· 1951-07-19 ·cited 64×
  The court held that the FCC cannot indefinitely extend temporary authorizations without providing a proper hearing, as such prolonged extensions effectively modify existing licenses and deny due process.
• Duke v. N. Tex. State Univ.
  469 F.2d 829· 5th Cir.· 1972-11-10 ·cited 63×
  The dissenting opinion argues that the President's Cabinet lacked the "apparent impartiality" required for an administrative hearing tribunal because it was too closely connected to the controversy. The dissent asserts that the majority opinion incorrectly assumes impartiality an
• The Bell Tel. Co. OF Pa. & the Am. Tel. & Tel. Co. v. Fed. Commc'ns Comm'n & The United States
  503 F.2d 1250· 3d Cir.· 1974-09-11 ·cited 61×
  The court held that the FCC's prior orders in Docket 18920 implicitly required AT&T to provide FX and CCSA services to specialized carriers, and the subsequent order in Docket 19896 was an enforcement measure, not an independent proceeding requiring a new evidentiary hearing.
• Pac. Molasses Co. v. Fed. Trade Comm'n
  356 F.2d 386· 5th Cir.· 1966-01-24 ·cited 61×
  The court held that the Federal Trade Commission's order must be reversed because the agency violated its own procedural rules regarding pre-trial discovery, and this violation prejudiced the petitioners.
• Nat'l Labor Relations Bd. v. Sidran
  181 F.2d 671· 5th Cir.· 1950-04-25 ·cited 60×
  The court held that the National Labor Relations Board's order was invalid because the Regional Director failed to provide a hearing on challenged ballots, and the employer's speech was protected free speech.
• F. W. Woolworth Co. v. Nat'l Labor Relations Bd.
  121 F.2d 658· 2d Cir.· 1941-07-02 ·cited 60×
  The court held that the National Labor Relations Board's findings of unfair labor practices, including discriminatory discharges and interference with self-organization, were supported by substantial evidence and that its remedial orders were largely appropriate.
• Hatch v. Fed. Energy Regulatory Comm'n
  654 F.2d 825· D.C. Cir.· 1981-06-26 ·cited 58×
  The court held that while the Commission may adopt a stricter standard for interlocking directorships, it must provide a reasoned explanation for changing its precedent and give affected parties adequate notice and opportunity to meet the new standard.
• Nat'l Labor Relations Bd. v. Nat'l Container Corp.
  211 F.2d 525· 2d Cir.· 1954-03-10 ·cited 58×
  The court held that the employer unlawfully supported a union by entering into a collective bargaining agreement while objections to a prior election were pending, and that the Board's application of its new waiver rule was not improper.
• Nat'l Labor Relations Bd. v. Air Assocs., Inc.
  121 F.2d 586· 2d Cir.· 1941-07-09 ·cited 58×
  The court held that alleged bias of a trial examiner is immaterial if the Board ignores the examiner's report and relies solely on the evidence, and that changed circumstances did not warrant modifying the Board's order.
• Clarkson Constr. Co. v. Occupational Safety & Health Review Comm'n & Sec'y of Labor
  531 F.2d 451· 10th Cir.· 1976-01-21 ·cited 56×
  The Occupational Safety and Health Act of 1970 was not intended to override established employer-employee and contractor-subcontractor relationships for allocating duties and liability.
• Nat'l Labor Relations Bd. v. Ray Smith Transp. Co.
  193 F.2d 142· 5th Cir.· 1951-12-20 ·cited 54×
  The court held that the National Labor Relations Board's findings and order were without factual or legal basis due to the examiner's bias and improper inferences, and therefore denied enforcement.
• State of Fla. ex rel. J. Bruce Vining v. Fla. Real Est. Comm'n
  281 So. 2d 487· Fla.· 1973-04-04 ·cited 53×
  A Florida real estate broker challenged a statute requiring him to file a sworn answer to disciplinary charges, arguing it violated his Fifth Amendment right against self-incrimination. The Florida Supreme Court held that the right to remain silent applies to administrative proce
• Nat'l Labor Relations Bd. v. Klingler Elec. Corp.
  656 F.2d 76· 5th Cir.· 1981-07-07 ·cited 52×
  The court held that affidavits relied upon by the Regional Director in an administrative investigation must be included in the record for judicial review, but found that the specific affidavits in this case did not alter the outcome.
• Carolina Env't Study Grp. v. The United States & the United States Atomic Energy Comm'n
  510 F.2d 796· D.C. Cir.· 1975-01-21 ·cited 52×
  The court held that the Atomic Energy Commission's consideration of environmental impacts, including the probability and severity of Class 9 accidents and alternatives to nuclear power, satisfied the requirements of the National Environmental Policy Act (NEPA).
• Sec. & Exch. Comm'n v. R. A. Holman & Co., Inc.
  323 F.2d 284· D.C. Cir.· 1963-06-13 ·cited 52×
  The court held that claims of disqualification of an administrative agency member must first be raised and decided within the administrative process before seeking judicial intervention.
• E. Oakland-Fruitvale Planning Council v. Rumsfeld
  471 F.2d 524· 9th Cir.· 1972-12-08 ·cited 51×
  The court held that while the Director's ultimate decision on whether to override a governor's veto is unreviewable due to broad discretion, the Director has a statutory obligation to reconsider vetoed grants, and procedural claims related to hearings and findings are judicially
• State v. Hollingsworth
  103 Fla. 801· Fla.· 1931-12-09 ·cited 49×
  The Florida Supreme Court considered whether a writ of mandamus was appropriate to restore a doctor's license revoked by the State Board of Medical Examiners. The Court found that the Board failed to follow statutory procedures, denying the doctor fundamental rights, and thus gra
• Doyle v. Dep't OF Bus. Reg. & Pub. Emps. Relations Comm'n
  794 So. 2d 686· Fla. 1st DCA· 2001-09-06 ·cited 48×
  Doyle, a dismissed state employee, appealed PERC's rejection of a settlement agreement regarding back pay, benefits, and attorney's fees. The court held that PERC lacked authority to reject a good-faith stipulation between the parties and reversed, ordering PERC to accept the set
• Nat'l Labor Relations Bd. v. Standard Forge & Axle Co., Inc.
  420 F.2d 508· 5th Cir.· 1969-10-22 ·cited 48×
  The court enforced the National Labor Relations Board's order, finding the company violated the National Labor Relations Act by interrogating employees, threatening them, surveilling a union meeting, and discharging union adherents.
• Boyle's Famous Corned Beef Co. v. Nat'l Labor Relations Bd.
  400 F.2d 154· 8th Cir.· 1968-09-03 ·cited 48×
  The court held that the National Labor Relations Board erred by finding unfair labor practices based on conduct not alleged in the complaint or fairly litigated, violating the employer's due process rights.
• Prof'l Air Traffic Controllers Org. v. Fed. Labor Relations Auth.
  685 F.2d 547· D.C. Cir.· 1982-06-11 ·cited 47×
  The court held that the revocation of PATCO's exclusive recognition status was an appropriate disciplinary action for its unlawful strike.
• State v. Wm. M. Rowlett
  125 Fla. 562· Fla.· 1936-01-15 ·cited 47×
  A physician sought prohibition against the State Board of Medical Examiners to prevent revocation proceedings based on charges that his eclectic medical license was fraudulently obtained and that he misrepresented his educational credentials. The Florida Supreme Court granted the
• Haynes v. The United States
  418 F.2d 1380· Ct. Cl.· 1969-12-12 ·cited 46×
  The court held that the plaintiff failed to exhaust administrative remedies for most procedural claims and that other alleged procedural errors were harmless. The court also found the administrative decision regarding the charges of inefficiency and failure to meet deadlines was
• Nat'l Labor Relations Bd. v. The W. & S. Life Ins. Co.
  391 F.2d 119· 3d Cir.· 1968-03-04 ·cited 46×
  The court held that the National Labor Relations Board did not abuse its discretion in determining that individual district offices were appropriate bargaining units, and that its decision was not improperly based on the extent of union organization.
• van Bourg v. Nitze
  388 F.2d 557· D.C. Cir.· 1967-10-17 ·cited 46×
  The court held that the Navy Discharge Review Board's failure to provide a summary of ex parte reports and make required findings of fact constituted a procedural error, and the appellant's 1951 resignation did not waive his right to a proper review in 1963.