Due Process In Administrative Proceedings

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

• Lawrence BEN Huie aka Hoy Ben Yuen v. Immigr. & Naturalization Serv.
  349 F.2d 1014· 9th Cir.· 1965-08-18 ·cited 18×
  An alien entering the United States by falsely claiming citizenship, thereby avoiding inspection, is deportable under Section 241(a)(2) of the Immigration and Nationality Act. The use of an Order to Show Cause is permissible, and the admission of a prior sworn statement, absent e
• Am. La. Pipe Line Co. v. Fed. Power Comm'n
  344 F.2d 525· D.C. Cir.· 1965-01-22 ·cited 18×
  The court held that the Commission was justified in disallowing American Louisiana's proposed change in rate form due to the potential for manipulation in inter-affiliate transactions and the fact that the change constituted a rate increase for which the burden of proof was not m
• People OF THE State OF Cal. v. Fed. Power Comm'n
  296 F.2d 348· D.C. Cir.· 1961-03-30 ·cited 18×
  The Federal Power Commission's approval of El Paso's merger with Pacific Northwest Pipeline Corporation was proper, as the Commission adequately considered relevant factors including antitrust policies and future rate impacts.
• Reynolds v. Denver & RIO Grande W. R. Co.
  174 F.2d 673· 10th Cir.· 1949-05-02 ·cited 18×
  The court held that the National Railroad Adjustment Board's award upholding the employee's dismissal was final and binding and not subject to judicial review.
• Donnelly Garment Co. v. Nat'l Labor Relations Bd. (Donnelly Garment Workers' Union
  165 F.2d 940· 8th Cir.· 1948-02-13 ·cited 18×
  The court held that the National Labor Relations Board's findings, even if potentially erroneous, were supported by sufficient evidence to be binding on the court.
• State v. Knott
  123 Fla. 295· Fla.· 1936-03-23 ·cited 18×
  This case concerns whether a state treasurer can refuse to renew an insurance agent's license based on an incomplete investigation into alleged misconduct. The court held that the treasurer must follow statutory procedures for investigation and suspension before refusing renewal,
• Ciolli v. City OF Palm BAY
  59 So. 3d 295· Fla. 5th DCA· 2011-04-15 ·cited 17×
  Frank Ciolli appeals a summary judgment foreclosing a code enforcement lien on his property. The court reversed because the City of Palm Bay failed to present competent evidence that Ciolli received proper notice of the underlying Code Enforcement Board hearing, creating a materi
• Carter v. Dep't of Prof'l Reg.
  633 So. 2d 3· Fla.· 1994-01-20 ·cited 17×
  The Florida Supreme Court held that violations of statutory time limits in professional disciplinary proceedings under section 455.225 are subject to the harmless error rule, requiring a licensee seeking dismissal to prove that delays prejudiced the fairness of proceedings rather
• Bert F. Erwin, D.D.S. v. State
  320 So. 2d 2· Fla. 2d DCA· 1975-10-08 ·cited 17×
  A dentist challenges the Florida State Board of Dentistry's revocation of his license on three grounds: denial of due process, insufficient evidence, and excessive penalty. The court affirms the Board's findings of guilt on charges of habitually practicing while intoxicated and p
• City OF Lakeland v. Bunch
  293 So. 2d 66· Fla.· 1974-04-03 ·cited 17×
  The Florida Supreme Court reversed a trial court judgment declaring four condemnation statutes unconstitutional, holding that Florida's eminent domain procedures provide adequate procedural due process through notice and a meaningful hearing prior to any transfer of property owne
• United States ex rel. Mamdouh Barbour v. Dist. Dir. OF the Immigr. & Naturalization Serv.
  491 F.2d 573· 5th Cir.· 1974-03-21 ·cited 17×
  Detention of an alien without bail pending deportation proceedings is lawful if based on a determination that the alien poses a threat to national security, even if that determination relies on confidential information presented ex parte.
• In re THE Petition OF Edward C. Johnson v. McNEILL
  151 Fla. 606· Fla.· 1942-10-23 ·cited 17×
  The Florida Supreme Court held that state circuit courts lack jurisdiction to enjoin or restrain the federal Securities and Exchange Commission from conducting administrative hearings on broker registration revocation. The court ruled that the Securities Exchange Act of 1934 vest
• Smith v. Heckler
  761 F.2d 516· 8th Cir.· 1985-05-14 ·cited 16×
  The court held that an untimely request for review dismissed by the Appeals Council is not a final decision of the Secretary, and thus, federal courts lack subject matter jurisdiction to review it.
• George C. Foss Co. v. Nat'l Labor Relations Bd.
  752 F.2d 1407· 9th Cir.· 1985-01-31 ·cited 16×
  The court held that the NLRB did not err in finding the Company committed an unfair labor practice by prematurely discharging employees and that the Company's due process rights were not violated.
• Dorrance v. Dep't of Transp.
  735 F.2d 516· Fed. Cir.· 1984-05-18 ·cited 16×
  The court affirmed the Merit Systems Protection Board's decision, holding that the agency's procedures were lawful and its actions, along with those of the Presiding Official, were not in error.
• George Banta Co., Inc. v. Nat'l Labor Relations Bd.
  686 F.2d 10· D.C. Cir.· 1982-08-13 ·cited 16×
  The court held that George Banta Co. violated the National Labor Relations Act by granting preferential reinstatement and seniority rights to employees who abandoned a strike early, and that the company's arguments regarding the NLRB's reliance on a settlement agreement and due p
• Henderson Signs v. Fla. Dep't of Transp.
  397 So. 2d 769· Fla. 1st DCA· 1981-05-04 ·cited 16×
  Henderson Signs challenges the Secretary of the Department of Transportation's authority to hold a supplemental hearing and modify a hearing officer's recommended order denying violations for unpermitted signs. The court reverses, holding that the agency head exceeded statutory a
• Gilbert v. Johnson
  601 F.2d 761· 5th Cir.· 1979-08-27 ·cited 16×
  The court held that while a lawyer's interest in a fee deserves protection, intervention is not always the appropriate method, especially when other means like asserting a lien are available.
• Builders Steel Co. v. Marshall
  575 F.2d 663· 8th Cir.· 1978-05-17 ·cited 16×
  The court held that the Secretary failed to provide an adequate factual foundation to differentiate between single-story and multi-story buildings for the application of a specific OSHA regulation, thus the case must be remanded.
• Gisela Irene Whetstone v. Immigr. & Naturalization Serv.
  561 F.2d 1303· 9th Cir.· 1977-09-28 ·cited 16×
  The court held that the Service cannot engraft additional requirements onto 8 U.S.C. § 1184(d) regarding the 'satisfactoriness' or 'continuing viability' of a marriage.
• Rogers C. B. Morton v. DELTA Mining, Inc.
  495 F.2d 38· 3d Cir.· 1974-03-20 ·cited 16×
  The court held that the Secretary of the Interior must make and publish explicit findings of fact in final civil penalty assessment orders under the Federal Coal Mine Health and Safety Act, even when no hearing is requested by the operator.
• Wilson v. Lincoln Redev. Corp.
  488 F.2d 339· 8th Cir.· 1973-11-09 ·cited 16×
  The court held that the tenant's complaint failed to factually plead a denial of administrative due process, even if a hearing was required.
• Application of Joto F. Wafmouth and Frederic Koury
  486 F.2d 1058· C.C.P.A.· 1973-11-08 ·cited 16×
  The court held that the Board of Appeals' decision to affirm the examiner's rejection on a new ground, without affording the applicant an opportunity to respond, violated administrative due process.
• Horne Bros., Inc. v. Laird
  463 F.2d 1268· D.C. Cir.· 1972-05-17 ·cited 16×
  A contractor's suspension for over one month without an opportunity to be heard or rebut charges violates fundamental fairness, but rejection of a bid within one month of suspension is permissible.
• Sykes v. Finch
  443 F.2d 192· 7th Cir.· 1971-05-27 ·cited 16×
  The court held that the hearing examiner did not apply an impermissible standard and that the claimant's lack of counsel did not deprive her of due process or require a remand.
• The Maxwell Co. v. Nat'l Labor Relations Bd.
  414 F.2d 477· 6th Cir.· 1969-06-13 ·cited 16×
  The court held that while the National Labor Relations Board can change its policy, the Board's order in this case lacked substantial evidence for the alleged unfair labor practice violations, and thus enforcement was denied.
• Burkett v. United States
  402 F.2d 1002· Ct. Cl.· 1968-11-15 ·cited 16×
  The court held that the removal of a federal employee was invalid due to an inadequate notice of charges and insufficient proof of intent to harm.
• Connelly v. Nitze
  401 F.2d 416· D.C. Cir.· 1968-08-15 ·cited 16×
  The court held that the Navy's dismissal of the employee was procedurally defective because it failed to conduct a proper evidentiary hearing to ascertain the facts, despite the employee's ambiguous waiver of such a hearing.
• Application of Stuart M. Kanas
  385 F.2d 506· 2d Cir.· 1967-11-13 ·cited 16×
  The court held that the registrant established a prima facie case for a IV-D exemption as a minister, and the Selective Service board lacked affirmative evidence to rebut this claim.
• Interstate Broad. Co., Inc. v. Fed. Commc'ns Comm'n
  265 F.2d 598· D.C. Cir.· 1959-03-19 ·cited 16×
  The court held that the FCC's grant of a construction permit was proper, as it was supported by the record and consistent with the statutory mandate for a fair distribution of radio service, and that the FCC's interpretation of its rules and engineering standards was entitled to
• Ayers v. United States
  240 F.2d 802· 9th Cir.· 1956-11-09 ·cited 16×
  The prosecution must prove that erroneous advice received by a draft board did not affect its decision; failure to do so requires acquittal.
• Hermann v. Civil Aeronautics Bd.
  237 F.2d 359· 9th Cir.· 1956-08-02 ·cited 16×
  The court held that the district court erred in enforcing administrative subpoenas without making a judicial determination of the relevance and materiality of the documents sought, and without adequately considering claims of oppression and invasion of privacy.
• Esch v. Yeutter
  876 F.2d 976· D.C. Cir.· 1989-05-25 ·cited 15×
  The District Court had jurisdiction to review the Department of Agriculture's decision to suspend farm subsidy payments, as the suit sought equitable relief other than money damages, and the Claims Court did not offer an adequate alternative remedy.
• Hime v. Fla. Real Est. Comm'n
  61 So. 2d 182· Fla.· 1952-10-21 ·cited 15×
  The Supreme Court of Florida affirmed the suspension of a real estate broker's license. The broker failed to respond to charges of converting client funds, leading to a default judgment and license suspension, which was upheld by the circuit court.
• Maurice Hodge, M.D. v. Dep't OF Prof'l Reg. OF the State OF Fla.
  432 So. 2d 117· Fla. 5th DCA· 1983-04-27 ·cited 14×
  The court held that allowing a physician to make a statement before the Board of Medical Examiners determines a penalty is permissible and fair, and that the Board's findings on most counts were supported by substantial evidence.
• Nat'l Labor Relations Bd. v. Ill. Bell Tel. Co.
  674 F.2d 618· 7th Cir.· 1982-03-17 ·cited 14×
  The court held that the company violated Section 8(a)(1) by denying union representation to employees during investigatory interviews, but remanded the case to determine if the employee's discharge was for cause, precluding reinstatement and back pay.
• The Dayton Tire & Rubber Co. v. Nat'l Labor Relations Bd.
  591 F.2d 566· 10th Cir.· 1979-01-17 ·cited 14×
  The court held that while the Board's order for reinstatement was supported by substantial evidence, the modification of the back pay commencement date was improper due to lack of notice and opportunity for hearing.
• Craft v. The United States
  544 F.2d 468· Ct. Cl.· 1976-06-16 ·cited 14×
  The court held that the Army Physical Review Council's reversal of the Physical Evaluation Board's finding of fitness was invalid due to a failure to provide reasons, and therefore the plaintiff should have been reenlisted rather than permanently separated.
• Burquez v. Immigr. & Naturalization Serv.
  513 F.2d 751· 10th Cir.· 1975-04-04 ·cited 14×
  The court held that the appellant was afforded a fair hearing and that his deportability was established by reasonable, substantial, and probative evidence, affirming the deportation order.
• Barrus Constr. Co. v. Nat'l Labor Relations Bd.
  483 F.2d 191· 4th Cir.· 1973-07-18 ·cited 14×
  The court held that the same attorney representing the government in both a representation case and an unfair labor practice case, where the facts are closely related, creates a conflict of interest that prejudices the company's right to a fair hearing.
• United States v. Steiner
  469 F.2d 760· 5th Cir.· 1972-11-17 ·cited 14×
  The court held that the Selective Service Board did not abuse its discretion in refusing to reopen the registrant's classification for hardship or conscientious objector claims, and that the trial court did not err in its procedures or jury instructions.
• Rosenberg v. Commissioner OF Internal Revenue
  450 F.2d 529· 10th Cir.· 1971-11-08 ·cited 14×
  The court held that the IRS's failure to follow its internal procedural rules did not void the notice of deficiency or shift the burden of proof, as these rules are directory and not mandatory.
• Nat'l Labor Relations Bd. v. Lafayette Bldg. & Constr. Trades Council, AFL-CIO
  445 F.2d 495· 5th Cir.· 1971-07-01 ·cited 14×
  The court enforced the National Labor Relations Board's order finding that the unions committed unfair labor practices by engaging in secondary picketing and threats to coerce a neutral employer.
• Nassau Sec. Serv. v. Sec. & Exch. Comm'n
  348 F.2d 133· 2d Cir.· 1965-06-28 ·cited 14×
  The court held that the SEC's finding that the petitioner's actions were inconsistent with just and equitable principles of trade was supported by substantial evidence, and that the petitioner's procedural challenges were without merit.
• Finfer v. Mortimer M. Caplin
  344 F.2d 38· 2d Cir.· 1965-03-26 ·cited 14×
  An acquittal on criminal charges does not invalidate a civil service removal if there is substantial evidence to support the removal decision, and an employee's failure to exhaust administrative remedies, particularly when justified by the pendency of criminal proceedings, does n
• Tele-Trip Co., Inc. v. Nat'l Labor Relations Bd.
  340 F.2d 575· 4th Cir.· 1965-01-11 ·cited 14×
  The court held that there was insufficient evidence to support the finding that Casteel was a supervisor, thus the Section 8(a)(1) violation based on her conduct could not be sustained. However, substantial evidence supported other findings of unfair labor practices.
• Nat'l Labor Relations Bd. v. Burns
  207 F.2d 434· 8th Cir.· 1953-10-29 ·cited 14×
  The court held that the exclusion of competent and material evidence offered by the respondents constituted a denial of due process, requiring denial of the Board's petition for enforcement.
• Pittsburgh S. S. Co. v. Nat'l Labor Relations Bd.
  167 F.2d 126· 6th Cir.· 1948-04-05 ·cited 14×
  The court held that the National Labor Relations Board's order must be denied enforcement because the trial examiner's findings, adopted by the Board, were demonstrably biased and arbitrary.
• United States ex rel. Doukas v. Wiley
  160 F.2d 92· 7th Cir.· 1947-02-07 ·cited 14×
  The court held that the deportation warrant remained valid despite delays and procedural challenges, and the appellant received a fair hearing.
• Citizens Protective League v. Clark
  D.D.C.· 1946-05-02 ·cited 14×
  The Alien Enemy Act of 1798 is constitutional and has not been repealed, and the President has broad, unreviewable power to remove alien enemies during wartime.