Due Process In Administrative Proceedings

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

• Metro. Dade Cnty. v. Recchi Am., Inc.
  734 So. 2d 1123· Fla. 3d DCA· 1999-05-12 ·cited 13×
  A contractor must exhaust the dispute resolution clause in a public contract before filing suit in circuit court, as it constitutes a compulsory administrative remedy.
• Falk v. Beard
  614 So. 2d 1086· Fla.· 1993-03-04 ·cited 13×
  The Florida Supreme Court affirmed the Public Service Commission's (PSC) order denying a condominium resident's complaint that a management company's cost-of-living adjustment to maintenance fees violated utility regulations. The court held that the management company was not sel
• Fook v. Wixon
  170 F.2d 245· 9th Cir.· 1948-10-25 ·cited 13×
  The court held that the district court should have deferred ruling on the merits of the habeas corpus petition until the administrative proceedings were concluded, especially after releasing the petitioner on bail.
• United States v. Proa-Tovar
  945 F.2d 1450· 9th Cir.· 1991-09-18 ·cited 12×
  The use of a deportation order in a § 1326 conviction is subject to collateral attack if the right to appeal was not knowingly and intelligently waived, but the attack only succeeds if the defects rendered the use of the order fundamentally unfair, which was not shown here.
• Hardaway v. Sec'y OF Health & Human Servs.
  823 F.2d 922· 6th Cir.· 1987-02-27 ·cited 12×
  The court held that the Secretary's decision denying disability benefits was supported by substantial evidence, and the claimant's procedural due process rights were not violated.
• John C. Wohlrabe, M.D. v. State of Fla. Dep't OF Prof'l Reg.
  508 So. 2d 372· Fla. 2d DCA· 1987-02-25 ·cited 12×
• Bonita Tiffany v. Dep't OF the Navy
  795 F.2d 67· Fed. Cir.· 1986-06-20 ·cited 12×
  The court held that the agency responsible for the demotion is the proper respondent in an appeal from an MSPB decision affirming the agency action, and that the petitioner was not denied due process.
• Nat'l Labor Relations Bd. v. Idab, Inc.
  770 F.2d 991· 11th Cir.· 1985-09-10 ·cited 12×
  The court held that the National Labor Relations Board's order to bargain is enforceable because the alleged Union misconduct did not create an atmosphere of fear and coercion sufficient to invalidate the representation election.
• People OF the State OF Ill. v. Interstate Commerce Comm'n & United States
  709 F.2d 1186· 7th Cir.· 1983-06-14 ·cited 12×
  The Staggers Rail Act of 1980 allows the Interstate Commerce Commission to authorize a protested railroad line abandonment without an investigation if the protestants' allegations do not raise a genuine issue of material fact that would likely change the outcome, balancing proced
• Stauffer v. Califano
  693 F.2d 306· 3d Cir.· 1982-11-30 ·cited 12×
  The district court correctly determined it lacked jurisdiction to review the Secretary's decision not to reopen a previously adjudicated disability claim, as the claim was barred by res judicata and did not present a reviewable constitutional issue.
• Pinetree Transp. Co. v. Nat'l Labor Relations Bd.
  686 F.2d 740· 9th Cir.· 1982-08-17 ·cited 12×
  A party's failure to formally request an evidentiary hearing does not waive its right to one if its objections raise substantial and material factual issues, supported by prima facie evidence.
• Sherman v. Alexander
  684 F.2d 464· 7th Cir.· 1982-07-07 ·cited 12×
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal was supported by substantial evidence and was not arbitrary or capricious, affirming the removal.
• Book v. United States Postal Serv.
  675 F.2d 158· 8th Cir.· 1982-03-18 ·cited 12×
  The court affirmed the Merit Systems Protection Board's decision to sustain the petitioner's dismissal from his postmaster position.
• NEW Orleans Pub. Serv., Inc. v. Fed. Energy Regulatory Comm'n
  659 F.2d 509· 5th Cir.· 1981-10-15 ·cited 12×
  The court held that the FERC did not err in approving contested settlement agreements without a formal evidentiary hearing, as the petitioner had opportunities to present its case and no genuine issues of material fact required a hearing.
• Skyline Corp. v. Nat'l Labor Relations Bd.
  613 F.2d 1328· 5th Cir.· 1980-03-19 ·cited 12×
  The court held that the company's objections to the election and its refusal to bargain with the certified union did not present viable defenses to an unfair labor practice charge.
• Masti-Kure Prods. Co., Inc. v. Califano
  587 F.2d 1099· D.C. Cir.· 1978-06-16 ·cited 12×
  The court held that the FDA's order withdrawing approval of the new animal drug application (NADA) and denying a hearing was appropriate because the submitted studies were conclusively inadequate and failed to meet regulatory standards for demonstrating drug effectiveness.
• Aberdeen & Rockfish R.R. Co. v. The United States & the Interstate Commerce Comm'n
  565 F.2d 327· 5th Cir.· 1977-12-27 ·cited 12×
  The court held that the ICC's order approving a 12.5 percent terminal surcharge for the Long Island Rail Road was not supported by a reasoned explanation and lacked necessary findings, thus violating statutory mandates and due process.
• Ass'n OF Nat'l Advertisers, Inc. v. Fed. Trade Comm'n
  565 F.2d 237· 2d Cir.· 1977-11-02 ·cited 12×
  The district court correctly dismissed the complaint for lack of jurisdiction because the FTC presiding officer's ruling on document relevancy was not final agency action and was not ripe for interlocutory judicial review.
• Main Road v. Aytch
  565 F.2d 54· 3d Cir.· 1977-10-14 ·cited 12×
  Prison regulations banning group press conferences are not unconstitutional, but inmates are entitled to a declaratory judgment recognizing the procedural changes achieved through litigation.
• AU YI LAU v. United States Immigr. & Naturalization Serv.
  555 F.2d 1036· D.C. Cir.· 1977-04-28 ·cited 12×
  The court held that the Board of Immigration Appeals did not err in denying petitioners' motions to reopen deportation proceedings, as petitioners failed to provide a valid reason for not applying for voluntary departure earlier and did not present new circumstances warranting re
• W. G. Cosby Transfer & Storage Corp. v. Froehlke
  480 F.2d 498· 4th Cir.· 1973-06-13 ·cited 12×
  The court held that the denial of an exemption from the Service's four-carrier regulation is subject to judicial review and requires a hearing if the agent meets the regulation's criteria.
• Application of Joseph E. Steiner, Jr. v. The Officer IN Command
  436 F.2d 687· 5th Cir.· 1970-12-07 ·cited 12×
  The court held that Section 10(b)(3) of the Selective Service Act prohibits pre-induction judicial review of a registrant's classification and processing, and that mere presence at an induction center does not constitute 'custody' for habeas corpus purposes.
• McGHEE v. Johnson
  420 F.2d 445· 10th Cir.· 1969-12-04 ·cited 12×
  The court held that the removal of the Postmaster was supported by substantial evidence and did not constitute arbitrary or capricious action, despite minor procedural irregularities.
• Lynch v. United States
  414 F.2d 281· 5th Cir.· 1969-08-05 ·cited 12×
  The court held that the prisoner was not entitled to credit for good conduct time earned prior to parole revocation.
• United States v. Irwin Ira Messinger
  413 F.2d 927· 2d Cir.· 1969-07-23 ·cited 12×
  The court held that the Justice Department could reverse a hearing officer's finding of sincerity and that the appellant's delay in asserting his conscientious objector claim provided a basis in fact for denial of status.
• Geiger v. Brown
  419 F.2d 714· D.C. Cir.· 1969-07-22 ·cited 12×
  A discharge based on a procedurally invalid recommendation is ineffective, even if the discharge itself is honorable.
• Mancilla v. United States
  382 F.2d 269· 9th Cir.· 1967-07-28 ·cited 12×
  The court held that the administrative body substantially complied with its procedures and fairly safeguarded the appellant's rights.
• Vitex Mfg. Co., Ltd. v. The Gov't OF the Virgin Islands
  351 F.2d 313· 3d Cir.· 1965-10-13 ·cited 12×
  The court held that the Industrial Incentive Board lacked the power to impose a time limitation on Vitex's temporary permit to employ non-resident labor, and its revocation based on this invalid limitation and unrelated economic factors was arbitrary and capricious.
• Sam Title v. Immigr. & Naturalization Serv.
  322 F.2d 21· 9th Cir.· 1963-08-20 ·cited 12×
  The court held that the doctrine of collateral estoppel should not have been applied in the deportation hearing, as it deprived the petitioner of his statutory right to present evidence and cross-examine witnesses, and thus the deportation order was not based on reasonable, subst
• Blumenthal v. Fed. Commc'ns Comm'n & United States
  318 F.2d 276· D.C. Cir.· 1963-03-28 ·cited 12×
• Nat'l Labor Relations Bd. v. Ra-Rich Mfg. Corp.
  276 F.2d 451· 2d Cir.· 1960-03-23 ·cited 12×
  The court held that the Board's findings of unlawful coercion and discrimination were supported by substantial evidence, and the procedural limitations on remand did not constitute prejudicial error.
• Bridges v. Wixon
  144 F.2d 927· 9th Cir.· 1944-06-26 ·cited 12×
  The court held that there was some evidence to sustain the administrative charges, which is sufficient for review.
• United States v. Gormly
  136 F.2d 227· 7th Cir.· 1943-06-09 ·cited 12×
  The court held that an order to report for work of national importance, signed by a single member of the Local Draft Board, was valid and sufficient to form the basis of an indictment for failure to report.
• Henry v. DELTA AIR Lines
  759 F.2d 870· 11th Cir.· 1985-05-06 ·cited 11×
  The court affirmed the grant of summary judgment, holding that the plaintiff failed to demonstrate grounds for vacating the System Board's award under the Railway Labor Act.
• Colonnades, Inc. v. Florida Dept. of Commerce
  357 So. 2d 238· Fla. 1st DCA· 1978-04-05 ·cited 11×
  Colonnades, Inc. challenges the Industrial Relations Commission's determination that its appeal of an unemployment benefits claim was untimely filed. The court reverses and remands because the Department of Commerce failed to prove by preponderance of evidence that the notice ini
• Cornwell v. Univ. OF Fla.
  307 So. 2d 203· Fla. 1st DCA· 1975-01-23 ·cited 11×
  George W. Cornwell, a non-tenured associate professor at the University of Florida, challenged the denial of tenure and termination of his employment. The court upheld the University's decision, finding that Cornwell had no property interest in continued employment and that all p
• Abramson v. Fla. Int'l Univ.
  704 So. 2d 720· Fla. 3d DCA· 1998-01-07 ·cited 10×
  The court affirmed the finding that a student violated the conduct code by participating in setting fire to model ships, but reversed the finding that he furnished false information to a university official due to lack of substantial, competent evidence.
• MacMILLAN v. Nassau Cnty. Sch. Bd.
  629 So. 2d 226· Fla. 1st DCA· 1993-12-09 ·cited 10×
  A Florida appellate court reversed a school board's decision to terminate a mathematics teacher for misconduct in office, finding that the board improperly rejected the hearing officer's findings of fact that were supported by competent substantial evidence and relied on incident
• Royals v. Tisch
  864 F.2d 1565· 11th Cir.· 1989-02-06 ·cited 10×
  The court held that the district court lacked subject matter jurisdiction to review the merits of the Postal Service's disciplinary proceedings because the appellant, a non-preference eligible employee in the excepted service, is not an 'employee' as defined by the Civil Service
• Gulf Coast Home Health Servs. OF Fla., Inc. v. State
  513 So. 2d 704· Fla. 1st DCA· 1987-09-11 ·cited 10×
  Gulf Coast Home Health Services challenged HRS's revised methodology for reviewing home health agency certificates of need (CONs) as an invalid exercise of agency authority, seeking circuit court enforcement of a prior administrative order invalidating the original rule. The cour
• Medallion Kitchens, Inc. v. Nat'l Labor Relations Bd.
  806 F.2d 185· 8th Cir.· 1986-11-26 ·cited 10×
  The court held that the employer violated the National Labor Relations Act by failing to reinstate returning strikers in place of temporary replacements and by making coercive statements to employees before the strike.
• Brock v. DOW Chem. U.S.A.
  801 F.2d 926· 7th Cir.· 1986-09-16 ·cited 10×
  The court agrees that a remand is appropriate to determine if the lack of formal notice was prejudicial, despite the likelihood of actual notice.
• Nat'l Labor Relations Bd. v. Forest City Enters., Inc.
  663 F.2d 34· 6th Cir.· 1981-11-10 ·cited 10×
  The court held that the NLRB did not abuse its discretion in certifying a single store as an appropriate bargaining unit and that alleged NLRB agent misconduct did not substantially affect the election outcome.
• Kennecott Copper Corp. v. Env't Prot. Agency
  612 F.2d 1232· 10th Cir.· 1979-12-10 ·cited 10×
  The court held that the EPA's effluent limitation regulations for the uranium, radium, and vanadium mining industry, and for the base and precious metals subcategory, were adequately supported by data, explanations, and cost considerations, and were not arbitrary or capricious.
• Nat'l Labor Relations Bd. v. Olympic Med. Corp.
  608 F.2d 762· 9th Cir.· 1979-11-19 ·cited 10×
  The court held that the National Labor Relations Board's findings of unfair labor practices were supported by substantial evidence and that the employer was not denied due process.
• Bowe v. Immigr. & Naturalization Serv.
  597 F.2d 1158· 9th Cir.· 1979-02-07 ·cited 10×
  The court held that procedural errors in denying a waiver of deportability are harmless if the alien is statutorily ineligible for the waiver.
• Avnet, Inc. v. Fed. Trade Comm'n
  511 F.2d 70· 7th Cir.· 1975-02-28 ·cited 10×
  The court held that Avnet received adequate notice and opportunity to present its case regarding the relevant market definition, and that the Commission's findings regarding the Clayton Act violation and the appropriate remedy were supported by sufficient evidence.
• Hollywood Jaycees & Hollywood Hills Private Sch. v. State
  306 So. 2d 109· Fla.· 1974-11-20 ·cited 10×
  The Florida Supreme Court held that the Department of Revenue violated due process when it invalidated a tax exemption granted by the Broward County Board of Tax Adjustment without providing notice, hearing, or written findings to the taxpayers. The Court found the statute facial
• Marve Alan Dubin v. Dep't OF Bus. Reg. of the State of Fla.
  262 So. 2d 273· Fla. 1st DCA· 1972-05-02 ·cited 10×
  The Florida District Court of Appeal reversed an administrative board's refusal to renew a horse trainer's license, holding that license non-renewal must follow the same due process procedures as license revocation, including formal charges, evidence, and a quasi-judicial hearing
• Nat'l Labor Relations Bd. v. Dennison Mfg. Co.
  419 F.2d 1080· 1st Cir.· 1969-12-10 ·cited 10×
  The Board's remand for a hearing on employer domination, treating the complaint as amended under Section 10(b) of the NLRA, was lawful, and the subsequent hearing did not violate due process.