Due Process In Administrative Proceedings

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

• Nat'l Labor Relations Bd. v. Plumbers & Pipefitters Local Union NO. 403
  710 F.2d 1418· 9th Cir.· 1983-07-22 ·cited 2×
  The court held that the National Labor Relations Board's order against the Union for discriminatory hiring hall practices should be enforced in full, rejecting the Union's procedural and remedial arguments.
• James Banks & Harold E. Faulkner v. Fed. Aviation Admin. & United States
  687 F.2d 92· 5th Cir.· 1982-09-27 ·cited 2×
  The court held that the government's failure to preserve drug test samples violated due process, requiring suppression of the test results and reversal of the discharge.
• Turner Bros. Trucking Co., Inc. v. Interstate Commerce Comm'n & United States
  684 F.2d 701· 10th Cir.· 1982-08-03 ·cited 2×
  The denial of a waiver of Commission regulations governing trucking industry leasing practices was not an abuse of discretion and complied with statutory requirements.
• Connor v. Town OF Palm Beach & the Bd. of Trs.
  398 So. 2d 952· Fla. 4th DCA· 1981-05-13 ·cited 2×
  The court held that the Board's meetings lacked the procedural safeguards of a quasi-judicial hearing, thus the trial court erred in dismissing the declaratory relief action for failure to seek certiorari.
• Texaco, Inc. v. Dep't OF Energy
  663 F.2d 158· D.C. Cir.· 1980-12-02 ·cited 2×
  The court held that the Federal Energy Regulatory Commission (FERC) only has jurisdiction to review denials of adjustment requests, not grants, under the Department of Energy Act.
• Rupert Don Bryan, M.D. v. State Bd. of Med. Exam'rs of Fla.
  381 So. 2d 1122· Fla. 1st DCA· 1979-11-28 ·cited 2×
  The court held that Florida Statute § 458.1201(1)(p) is constitutional as applied, as the Board's interpretation does not constitute an unlawful delegation of legislative authority.
• Gray v. Fla. Dep't OF Labor & Emp. Sec.
  375 So. 2d 341· Fla. 1st DCA· 1979-09-18 ·cited 2×
  This case concerns an unemployment benefits claimant who missed his initial hearing due to misdirection and whose subsequent hearing was flawed, leading the appellate court to reverse and remand for a new hearing.
• Algonquin LNG, Inc. v. Fed. Energy Regulatory Comm'n
  570 F.2d 1043· D.C. Cir.· 1978-01-26 ·cited 2×
  The court held that the Commission's order imposing a refund based on a rate not supported by substantial evidence and determined through an unfair procedure must be vacated.
• Oshkosh Truck Corp. v. Nat'l Labor Relations Bd.
  530 F.2d 744· 7th Cir.· 1976-02-24 ·cited 2×
  The court held that the National Labor Relations Board did not abuse its discretion in approving an informal settlement agreement with the Union, nor did its procedures deny the employer due process.
• GEE v. Colonel James M. Smith
  479 F.2d 642· 5th Cir.· 1973-06-19 ·cited 2×
  The court held that pre-induction judicial review of draft classifications is barred by statute when based on factual determinations or due process claims, and that claims of racial discrimination or improper board residence do not invalidate induction orders.
• United States v. Weaver
  474 F.2d 936· 7th Cir.· 1973-03-02 ·cited 2×
  The court held that the failure of a local Selective Service board to articulate in writing the reasons for rejecting a registrant's claim of conscientious objection, after reopening the classification, is fatal to a conviction for refusal of induction.
• United States v. Roberts
  466 F.2d 193· 7th Cir.· 1972-08-03 ·cited 2×
  The court held that the Selective Service Board's mailing of notices to the registrant's last known address constituted sufficient notice, even if not actually received, and that the termination of postponement and refusal to reopen classification were proper.
• Cowen v. NEW York Stock Exch. & Mohawk Valley Investing Co.
  371 F.2d 661· 2d Cir.· 1967-01-24 ·cited 2×
  The court held that the plaintiff's antitrust claims were properly dismissed because the New York Stock Exchange's actions in causing his termination were justified self-regulation under the Securities Exchange Act, as he admitted the misconduct.
• Va. Elec. & Power Co. v. Fed. Power Comm'n
  351 F.2d 408· 4th Cir.· 1965-10-06 ·cited 2×
  The court held that an administrative hearing is not required for an interim headwater benefits assessment when factual issues are conceded and legal issues have been previously settled.
• Phillips v. Earle L. Mann & Fla. Real Est. Comm'n
  147 So. 2d 559· Fla. 2d DCA· 1962-12-12 ·cited 2×
  The Florida District Court of Appeal reviewed a Florida Real Estate Commission order suspending a real estate broker's registration for two years. The court upheld the broker's conviction for conspiracy to conceal assets from a judgment creditor but reversed the conviction for fa
• Garcia v. Landon
  207 F.2d 693· 9th Cir.· 1953-09-29 ·cited 2×
  The court held that the appellant's contentions regarding the unconstitutionality of the Act, insufficiency of evidence, and unfair hearing were without merit.
• United States ex rel. Kataliakos v. Jordan
  179 F.2d 422· 7th Cir.· 1950-02-02 ·cited 2×
  The court held that the warrant for the petitioner's deportation was valid and the lower court's order did not constitute error.
• Poole v. United States
  159 F.2d 312· 4th Cir.· 1947-01-28 ·cited 2×
  A registrant's prolonged stay in a civilian public service camp does not waive their right to challenge the validity of their classification if the local board acted without a basis in fact or arbitrarily denied a hearing.
• Nat'l Labor Relations Bd. v. Newberry Lumber & Chem. Co.
  123 F.2d 831· 6th Cir.· 1941-12-09 ·cited 2×
  The court held that the National Labor Relations Board's order should be enforced as modified, allowing for additional evidence regarding back pay calculations.
• Rishi Saraiya Muchhala v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  324 So. 3d 62· Fla. 1st DCA· 2021-08-12 ·cited 1×
  A driver seeking second-tier certiorari review must demonstrate that the circuit court violated procedural due process, applied incorrect law, or violated a clearly established principle of law resulting in a miscarriage of justice; absent such a showing, the petition must be den
• Gardner v. Sch. Bd. OF Glades Cnty.
  73 So. 3d 314· Fla. 2d DCA· 2011-10-21 ·cited 1×
  Alice Gardner, a teacher, challenged the School Board of Glades County's decision to change her contract status to probationary without providing her proper notice of her right to a formal administrative hearing. The court reversed, holding that the Board's failure to inform Gard
• MacHado v. Fla. Unemployment Appeals Comm'n
  48 So. 3d 1004· Fla. 1st DCA· 2010-12-03 ·cited 1×
  An appeal sent by mail that lacks a clear USPS postmark but is accompanied by the sender's affidavit swearing timely mailing cannot be dismissed as untimely without an evidentiary hearing, where the record is otherwise consistent with timely filing. Due process and fairness requi
• Sims v. Nat'l Transp. Safety Bd.
  662 F.2d 668· 10th Cir.· 1981-10-26 ·cited 1×
  The National Transportation Safety Board did not err in denying discovery, refusing to allow certain testimony, reversing an ALJ's dismissal, or in its findings regarding violations and sanctions.
• Winfield v. Mathews
  571 F.2d 164· 3d Cir.· 1978-02-16 ·cited 1×
  The court held that the Secretary's denial of disability benefits was supported by substantial evidence and that the administrative proceedings were not procedurally flawed, affirming the district court's decision.
• Fasano v. Del. Dep't of Natural Res. & Env't Control
  Del. Super. Ct.· 2025-10-31
  The Merit Employee Relations Board's decision upholding the termination of William Fasano was affirmed. The court found that the Board's decision was supported by substantial evidence, free from legal error, and that Mr. Fasano was afforded his due process rights. Arguments regar
• Wilson v. Dep't of Revenue
  Fla. 1st DCA· 2025-10-22
  When an administrative agency concedes error in denying a party's statutory right to proceed in circuit court and in serving process at an incorrect address, the final administrative order must be reversed and remanded for further proceedings.
• Islamorada v. Mary Barley Fam. Tr. & Prinston LLC
  Fla. 3d DCA· 2025-09-03
  Second-tier certiorari review is limited to whether the circuit court afforded procedural due process and applied the correct law, and a departure from the essential requirements of law must involve violation of a clearly established principle resulting in a miscarriage of justic
• Metler Tonnessen v. Comm'r of Soc. Sec.
  S.D. Fla.· 2025-01-06
  The court adopted the Magistrate Judge's Report and Recommendation, denying the plaintiff's motion for summary judgment and granting the defendant's motion.
• C.N.G. v. Dep't of Agric. & Consumer Servs.
  Fla. 1st DCA· 2024-11-27
  An administrative law judge errs in closing a file and dismissing a case without ruling on a pending motion for attorney's fees that was timely and adequately asserted by the party.
• Miller, II v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-25
  The court affirmed the Commissioner's decision, finding that the ALJ did not err in failing to order a consultative examination because the record contained sufficient evidence for an informed decision and the plaintiff failed to demonstrate prejudice.
• Pacheco v. Waldo Acebo, M.D., P.A.
  Fla. 3d DCA· 2024-08-07
  A party must exhaust administrative remedies by appealing or requesting a hearing within the time period specified by local ordinance before filing a discrimination lawsuit in circuit court.
• Bald Guy C-Store, Inc. v. United States
  M.D. Fla.· 2024-07-16
  The court held that the plaintiffs failed to present sufficient evidence to create a genuine issue of material fact regarding SNAP trafficking violations, and thus summary judgment for the defendant was granted.
• State v. Alfred Ivan Murciano, M.D.
  Fla. 1st DCA· 2024-03-20
  Administrative law judges must make required findings of fact on disputed claims even when they disagree with an agency's legal interpretation, as Article V, Section 21's requirement for de novo legal review does not permit ALJs to refuse factfinding as a form of protest against
• McGarry v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-15
  The court held that the ALJ's RFC determination was not supported by substantial evidence because it relied on a lay analysis of medical records without citing a supporting medical opinion, thus warranting remand.
• McQuillin v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-08-23
  The court held that the Administrative Law Judge's (ALJ) Residual Functional Capacity (RFC) determination was supported by substantial evidence and that the ALJ did not err in failing to order further consultative examinations or expert testimony.
• Garza v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-07-25
  The court held that the ALJ's decision was not supported by substantial evidence and failed to employ proper legal standards in evaluating a medical opinion, warranting reversal and remand.
• Cornelio v. Dep't of Hwy. Safety & Motor Vehicles
  Fla. 2d DCA· 2023-02-24
  The appellate court reviewed a lower court's dismissal of a driver's license suspension appeal as moot because the suspension period had ended. The court held that the lower court erred by not applying the "capable of repetition, yet evading review" exception, thus denying due pr
• Williams v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-02-22
  The court held that the Administrative Law Judge (ALJ) did not err in denying disability benefits, as the decision was supported by substantial evidence and the correct legal standards were applied.
• Harley v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-02-21
  The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
• Cousineau v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-06-29
  The court held that the ALJ failed to ensure the claimant knowingly and intelligently waived her right to counsel, triggering a heightened duty to develop the record, and that the claimant suffered prejudice due to evidentiary gaps.
• Thomas v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-07
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and the correct legal standard was applied.
• Cruz v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-04
  The court held that the ALJ erred by failing to develop the record by not obtaining prior claims files, necessitating a remand. However, new evidence submitted under sentence six was not sufficient for remand under that provision.
• Miley v. Comm'r of Soc. Sec. Admin.
  S.D. Fla.· 2022-01-20
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's denial of disability benefits.
• Valero v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-11-10
  The court held that the Commissioner adequately developed the record and substantial evidence supported the ALJ's decision to deny disability benefits.
• Coke v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-27
  The court held that the ALJ properly considered the medical evidence and vocational expert testimony, and that the Commissioner's denial of disability benefits was supported by substantial evidence.
• Walls v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-30
  The court held that the ALJ did not err by failing to order a consultative mental examination because the record, as developed, contained substantial evidence supporting the denial of disability benefits.
• Gierbolini v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-01
  The district court denied the plaintiff's motion to issue a subpoena duces tecum, finding no statutory authority for such action outside the administrative record, but granted an extension of time for the plaintiff to file his memorandum of law.
• Agan v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-08-23
  The court held that the Commissioner's decision denying Social Security disability benefits was supported by substantial evidence and affirmed the decision.
• Tige Robert Buchanan v. Dep't of Health
  Fla. 1st DCA· 2021-07-21
  The appellate court affirmed the Department of Health's denial of a motion to vacate a prior disciplinary order. The court held that the doctrine of administrative finality barred the appellant from raising due process issues months after accepting a settlement and waiving his ri
• Cosentino v. Sarasota Cnty.
  Fla. 2d DCA· 2021-06-11
  The appellate court affirmed a lower court's summary judgment for Sarasota County, finding that while the county may not have strictly complied with notice publication deadlines for vacating a road, the appellant failed to allege prejudice. The court emphasized that substantial c