Due Process In Administrative Proceedings

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

• Stueber v. Tom Gallagher as Commissioner of Education
  812 So. 2d 454· Fla. 5th DCA· 2002-03-01 ·cited 25×
  The court held that the appellant waived his right to raise issues on appeal because he failed to preserve them by requesting appropriate relief during the administrative hearing.
• Dep't of Hwy. Safety & Motor Vehicles v. Schluter
  705 So. 2d 81· Fla. 1st DCA· 1997-12-31 ·cited 25×
  The Florida Department of Highway Safety and Motor Vehicles appealed an administrative law judge's determination that six Florida Highway Patrol policies regarding employee misconduct investigations constituted unadopted rules under Florida's Administrative Procedure Act. The cou
• Norris & Hirshberg, Inc. v. Sec. & Exch. Comm'n
  163 F.2d 689· D.C. Cir.· 1947-02-17 ·cited 25×
  The court held that a flawed and improperly certified transcript prevents judicial review and requires remand for the filing of a correct and properly certified record.
• Baskin v. United States
  738 F.2d 975· 8th Cir.· 1984-07-19 ·cited 24×
  The court held that a taxpayer cannot be the sole judge of whether material is incriminating and that an incomplete tax return based on a blanket Fifth Amendment assertion is frivolous, justifying a penalty.
• USV Pharm. Corp. v. Secretary OF Health
  466 F.2d 455· D.C. Cir.· 1972-08-14 ·cited 24×
  The court held that the Commissioner's order withdrawing approval of new drug applications was invalid due to procedural defects, including a failure to make a prima facie case for summary judgment and a lack of adequate findings.
• The Singer Co. v. Nat'l Labor Relations Bd.
  429 F.2d 172· 8th Cir.· 1970-06-30 ·cited 24×
  The court held that the company's discharge of Odis Jones was an unfair labor practice, but the discharge of Corine Sullivan was not supported by substantial evidence. The court also found that the company's due process claim regarding supervisor interviews was not prejudiced.
• Nat'l Labor Relations Bd. v. MAR Salle, Inc.
  425 F.2d 566· D.C. Cir.· 1970-02-18 ·cited 24×
  The court held that the National Labor Relations Board's order for Mar Salle, Inc. to cease refusing to bargain with the union should be enforced, as the unit determination and election objections were properly handled and summary judgment was appropriate.
• The Herald Co. v. Vincent
  392 F.2d 354· 2d Cir.· 1968-03-22 ·cited 24×
  The district court correctly dismissed the employer's complaint because it lacked jurisdiction to review the NLRB's representation proceeding, and the employer's due process claim was insubstantial.
• Nat'l Labor Relations Bd. v. Eclipse Lumber Co., Inc.
  199 F.2d 684· 9th Cir.· 1952-11-12 ·cited 24×
  The court held that the company violated the Act by discharging an employee based on the union's demand, when the company had reason to believe the demand was for reasons other than non-payment of dues. The court also held the union violated the Act by causing this improper disch
• Am. Airlines, Inc. v. Civil Aeronautics Bd.
  178 F.2d 903· 7th Cir.· 1949-12-08 ·cited 24×
  The court held that the Civil Aeronautics Board (CAB) did not err in authorizing air freight forwarders to operate indirectly, as the CAB properly interpreted statutory provisions allowing for exemptions for indirect carriers and correctly applied limitations on acquisitions of c
• Taylor v. State Bev. Dep't of Fla. & Dir. of State Bev. Dep't of Fla.
  194 So. 2d 321· Fla. 2d DCA· 1967-01-27 ·cited 23×
  The Florida District Court of Appeal reviewed a beverage director's order revoking the Cock & Bull Club's alcoholic beverage license for serving beer to two minors. The court held that a licensee is not an absolute insurer against employee violations and cannot be penalized witho
• Burney v. Polk Cmty. Coll.
  728 F.2d 1374· 11th Cir.· 1984-03-30 ·cited 22×
  A tenured guidance counselor at Polk Community College challenged his dismissal on grounds of racial discrimination under Title VII and retaliation for First Amendment exercise under 42 U.S.C. § 1983. The Eleventh Circuit affirmed summary judgment on the Title VII claim under the
• Nat'l Labor Relations Bd. v. Homemaker Shops, Inc.
  724 F.2d 535· 6th Cir.· 1984-01-06 ·cited 22×
  The court held that the Board cannot find unlawful domination of a labor committee when the complaint and General Counsel at the hearing only alleged unlawful assistance, as this deprives the employer of proper notice and due process. Furthermore, the Board's findings of dominati
• Schmoll v. Harris
  636 F.2d 1146· 7th Cir.· 1980-12-23 ·cited 22×
  The Secretary's denial of disability benefits is not supported by substantial evidence because the record lacks sufficient evidence regarding the effect of the claimant's Librium use on her ability to engage in substantial gainful activity.
• Gayer v. Schlesinger
  490 F.2d 740· D.C. Cir.· 1973-11-15 ·cited 22×
  The court did not explicitly state a holding in this concurring opinion, but it implies that the government must provide particularized reasons for inquiring into private sexual conduct.
• Reil v. The United States
  456 F.2d 777· Ct. Cl.· 1972-03-17 ·cited 22×
  The court held that the plaintiff's removal was not supported by substantial evidence, as the hearsay statements relied upon lacked sufficient credibility and authentication, and the specific charge of 'promotion of gambling' was not proven.
• Kimball v. Commandant Twelfth Naval Dist.
  423 F.2d 88· 9th Cir.· 1970-02-25 ·cited 22×
  The denial of injunctive relief was a final decision appealable under 28 U.S.C. § 1291, and the denial was proper because no regulation requires the Navy to postpone overseas assignment pending determination of a conscientious objector status request.
• Scott v. Macy
  402 F.2d 644· D.C. Cir.· 1968-09-11 ·cited 22×
  The dissenting judge argues that the majority misconstrued the issues by focusing on notice and ambiguity, when the core issue was the government's right to set employment policies and require answers to relevant questions regarding fitness.
• Russell-Newman MFG. Co., Inc. v. Nat'l Labor Relations Bd.
  370 F.2d 980· 5th Cir.· 1966-12-27 ·cited 22×
  The court held that the Board denied the company due process by failing to provide adequate notice and a fair hearing on new, substantial allegations.
• Swift & Co. v. United States & Orville L. Freeman
  308 F.2d 849· 7th Cir.· 1962-10-11 ·cited 22×
  The court held that an agreement between competitive buyers to split or share the purchase of top-grade hogs violated Section 202 of the Packers and Stockyards Act by eliminating competition, but that the practice of disseminating price information to country dealers was not ille
• Gamble-Skogmo, Inc. v. Fed. Trade Comm'n
  211 F.2d 106· 8th Cir.· 1954-02-25 ·cited 22×
  The court held that the FTC's use of a substitute examiner who did not hear testimony was permissible only if credibility evaluation was not a material factor in determining facts.
• LEE Cnty. v. Sunbelt Equities, II
  619 So. 2d 996· Fla. 2d DCA· 1993-05-14 ·cited 21×
  Lee County appealed a circuit court decision that granted Sunbelt Equities' petition for writ of certiorari challenging the county commission's denial of a rezoning application. The Second DCA adopted the functional analysis from Snyder v. Brevard County to classify site-specific
• Stock v. Dep't OF Banking & Fin.
  584 So. 2d 112· Fla. 5th DCA· 1991-08-01 ·cited 21×
  Barbara Stock challenges an emergency cease and desist order and suspension of her securities registration issued by the Department of Banking and Finance based on alleged misappropriation of customer assets totaling approximately $65,000. The court affirms the emergency order, h
• Sartain v. Sec. & Exch. Comm'n
  601 F.2d 1366· 9th Cir.· 1979-05-08 ·cited 21×
  The court held that the Securities and Exchange Commission's findings of violations and sanctions against Sartain were supported by substantial evidence and that Sartain's procedural due process claims were without merit.
• Cross-Sound Ferry Servs., Inc. v. The United States & Interstate Commerce Comm'n
  573 F.2d 725· 2d Cir.· 1978-03-13 ·cited 21×
  The court held that the Interstate Commerce Commission (ICC) acted within its discretion in granting Maseony Transport and Ferry Service, Inc. a conditional certificate of public convenience and necessity, and that the petitioners' challenges based on procedural irregularities, e
• Nat'l Labor Relations Bd. v. Handy Hardware Wholesale, Inc.
  542 F.2d 935· 5th Cir.· 1976-11-18 ·cited 21×
  The court held that the National Labor Relations Board reasonably exercised its discretion in denying a hearing on election objections and in allowing an amendment to the complaint, thus enforcing the Board's order for Handy Hardware to bargain with the Union.
• Shell OIL Co. v. Fed. Power Comm'n
  334 F.2d 1002· 3d Cir.· 1964-07-30 ·cited 21×
  The court held that the Commission had jurisdiction to determine the lawfulness of proposed rate increases and could order refunds for rates found unlawful, even if not explicitly deemed 'unjust and unreasonable.'
• Am. Home Prods. Corp. v. Fed. Trade Comm'n
  695 F.2d 681· 3d Cir.· 1982-12-03 ·cited 20×
  The court held that the FTC's findings of deceptive advertising were supported by substantial evidence and affirmed the core of the FTC's order, while directing modifications for vagueness and breadth.
• Int'l House v. Nat'l Labor Relations Bd.
  676 F.2d 906· 2d Cir.· 1982-04-09 ·cited 20×
  The court held that the National Labor Relations Board's finding of joint employer status between International House (IH) and Daka was not supported by substantial evidence, and therefore the Board's order finding IH in violation of the NLRA must be set aside.
• Alexander Dawson, Inc. v. Nat'l Labor Relations Bd.
  586 F.2d 1300· 9th Cir.· 1978-09-28 ·cited 20×
  The court held that the National Labor Relations Board's order finding unfair labor practices was supported by substantial evidence, including the unlawful refusal to hire applicants based on union affiliation and unlawful surveillance of employees.
• Couch Constr. Co., Inc. v. Dep't OF Transp.
  361 So. 2d 184· Fla. 1st DCA· 1978-06-16 ·cited 20×
  Couch Construction challenged the Department of Transportation's award of a highway paving contract to White Construction, claiming White was either disqualified due to delinquency or not the lowest responsible bidder. The court held that while White was not disqualified as a mat
• P.S.C. Res., Inc. v. Nat'l Labor Relations Bd.
  576 F.2d 380· 1st Cir.· 1978-05-12 ·cited 20×
  The court held that the National Labor Relations Board's findings of coercive interrogation, impression of surveillance, and discriminatory discharge were supported by substantial evidence on the record as a whole. The court also rejected the petitioner's procedural objections.
• Triantafyllos Kotakis v. Elgin
  520 F.2d 570· 7th Cir.· 1975-07-11 ·cited 20×
  The court affirmed the district court's dismissal of the conspiracy claim and grant of summary judgment on the petition for review of the National Railroad Adjustment Board award.
• Nat'l Labor Relations Bd. v. Fam. Heritage Home-Beaver DAM, Inc.
  491 F.2d 347· 7th Cir.· 1974-02-12 ·cited 20×
  The court held that a subsequent sale of the business does not render the NLRB's bargaining order moot, and enforcement of the order is appropriate to adjudicate the merits.
• Kowal v. The United States
  412 F.2d 867· Ct. Cl.· 1969-07-16 ·cited 20×
  The court held that the Civil Service Commission's Board of Appeals and Review erred in relying on affidavits over contradictory trial testimony when upholding a removal action, as this decision was not supported by substantial evidence.
• Holman v. The United States
  383 F.2d 411· Ct. Cl.· 1967-10-13 ·cited 20×
  The court held that the administrative removal decision was supported by substantial evidence and was not arbitrary or capricious, despite the reversal of the plaintiff's criminal conviction.
• Fed. Broad. Sys., Inc. v. Fed. Commc'ns Comm'n
  225 F.2d 560· D.C. Cir.· 1955-07-28 ·cited 20×
  The court held that the Commission erred in dismissing the protest for lack of specificity, as the protest raised at least one issue with sufficient particularity to require a hearing. However, the court also held that the Commission's accelerated procedures were not invalid and
• Eric Michael Patz, M.D. v. Dep't OF Health
  864 So. 2d 79· Fla. 3d DCA· 2003-12-24 ·cited 19×
  Dr. Eric Patz appeals a default judgment entered by the Florida Board of Medicine after he failed to timely file an Election of Rights form requesting a formal hearing within the required 21-day period. The court affirms, holding that administrative procedure rules requiring time
• Nat'l Labor Relations Bd. v. Webb Ford, Inc.
  689 F.2d 733· 7th Cir.· 1982-09-27 ·cited 19×
  The court held that the Board's findings were not supported by substantial evidence, particularly regarding the ALJ's credibility determinations and application of the Wright Line test.
• Woody v. Hon. Haydon Burns
  188 So. 2d 56· Fla. 1st DCA· 1966-06-21 ·cited 19×
  Oscar Woody Jr. was excluded from the University of Florida's College of Architecture and Fine Arts based on alleged misconduct stemming from his failure to take a required course. The court reversed the lower court's dismissal of his mandamus petition, holding that state univers
• State v. Driskell
  117 Fla. 717· Fla.· 1934-12-21 ·cited 19×
  Dr. Edwin K. Tullidge sought mandamus to overturn the State Board of Medical Examiners' revocation of his medical license based on alleged false statements in his application. The Florida Supreme Court held that mandamus was not the proper remedy where the Board complied with sta
• Jens Michelson v. Immigr. & Naturalization Serv.
  897 F.2d 465· 10th Cir.· 1990-02-27 ·cited 18×
  The court held that the Board of Immigration Appeals' order was supported by substantial evidence and that the petitioner was not entitled to appointed counsel or further consideration for relief from deportation.
• Patchogue Nursing Ctr. v. Otis R. Bowen, M.D.
  797 F.2d 1137· 2d Cir.· 1986-07-25 ·cited 18×
  The court held that a skilled nursing facility failed to demonstrate a likelihood of success on the merits or serious questions for litigation to justify a preliminary injunction against the imposition of intermediate sanctions for noncompliance with Medicare participation requir
• Meehan v. United States Postal Serv.
  718 F.2d 1069· Fed. Cir.· 1983-10-06 ·cited 18×
  The court held that it had jurisdiction over the appeal because the employee's allegations of racial discrimination were insufficient and unsupported, thus not making it a 'mixed case' excluded from appellate review. The court also affirmed the Merit Systems Protection Board's de
• Thomas Radio Co. v. Fed. Commc'ns Comm'n
  716 F.2d 921· D.C. Cir.· 1983-08-30 ·cited 18×
  The court affirmed the FCC's denial of a waiver request for dual city identification, finding the agency did not abuse its discretion despite doubts about the decision's wisdom.
• Cooper v. The United States
  639 F.2d 727· Ct. Cl.· 1980-12-17 ·cited 18×
  The court should not have remanded for additional evidence when the plaintiff failed to deny charges and the agency decision had a rational basis.
• E. Tex. Motor Freight Lines, Inc. v. The United States & the Interstate Commerce Comm'n
  593 F.2d 691· 5th Cir.· 1979-04-23 ·cited 18×
  The dissenting judge believes the Interstate Commerce Commission abused its discretion by granting extensive temporary operating authority without sufficient justification or explanation.
• Stern v. Butterfield
  529 F.2d 407· 5th Cir.· 1976-03-24 ·cited 18×
  The court affirmed the NTSB's order revoking the pilot certificate, finding substantial evidence supported the violations and that emergency revocation procedures, including lack of prior notice, were properly applied.
• Bagamasbad v. Immigr. & Naturalization Serv.
  531 F.2d 111· 3d Cir.· 1976-01-16 ·cited 18×
  The court held that the Attorney General's denial of discretionary relief for adjustment of status, based on material misrepresentations, was within his statutory authority and not subject to broader judicial review.
• Jones v. United States
  387 F.2d 909· 5th Cir.· 1968-01-17 ·cited 18×
  The court held that the appellant's conviction for failing to report for civilian work was valid, as the Selective Service Board's denial of his ministerial exemption was not erroneous and he was not denied due process.