Due Process In Administrative Proceedings

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

• Davis v. Berzak
  405 F.2d 642· 10th Cir.· 1969-01-03 ·cited 10×
  The court held that the administrative proceedings were conducted in accordance with applicable statutes and regulations, and the employee's claims of procedural violations and discrimination lacked merit.
• SAN Francisco Mining Exch. v. Sec. & Exch. Comm'n
  378 F.2d 162· 9th Cir.· 1967-05-16 ·cited 10×
  The court held that the Securities and Exchange Commission did not abuse its discretion in withdrawing the San Francisco Mining Exchange's registration and did not err in refusing to permit the issuance of subpoenas sought by the Exchange to inquire into potential bias of Commiss
• Brown v. Gamage
  377 F.2d 154· D.C. Cir.· 1967-03-30 ·cited 10×
  The court held that an officer's failure to utilize available procedures to secure the presence of witnesses or take depositions for cross-examination, despite being informed of their ex parte statements, means he was not denied a fair hearing under the statute.
• Colo. Interstate GAS Co. v. Fed. Power Comm'n
  370 F.2d 777· 10th Cir.· 1967-01-09 ·cited 10×
  The court held that the Federal Power Commission's order severing issues in an area rate proceeding was interlocutory and did not aggrieve the petitioners, thus the court lacked jurisdiction to review it.
• Montgomery v. Ffrench
  299 F.2d 730· 8th Cir.· 1962-02-09 ·cited 10×
  The court held that the Attorney General's denial of a petition to admit an alien orphan was within his administrative discretion and not subject to judicial review, as alien admission is a privilege, not a right.
• Brown Telecasters, Inc. v. Fed. Commc'ns Comm'n
  289 F.2d 868· D.C. Cir.· 1961-02-16 ·cited 10×
  The court affirmed the FCC's decision, finding that the appellant was not prejudiced by the FCC's waiver of the studio location rule and that the FCC's comparative determination was supported by the record.
• United AIR Lines, Inc. v. Civil Aeronautics Bd.
  281 F.2d 53· D.C. Cir.· 1960-05-19 ·cited 10×
  The court held that the Civil Aeronautics Board was required to conduct a hearing to determine the extent of alleged violations of its rules regarding ex parte communications and pressure tactics, as the Department of Justice's position was well taken. The court did not intimate
• Davis v. Brucker
  275 F.2d 181· D.C. Cir.· 1960-02-17 ·cited 10×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding the basis for the appellant's discharge.
• Jackson v. Mayo
  73 So. 2d 881· Fla.· 1954-07-20 ·cited 10×
  Jackson, a paroled convict, challenged his parole revocation on habeas corpus grounds, alleging the Parole Commission violated statutory procedures by considering evidence not introduced at his revocation hearing. The Florida Supreme Court held that the Commission violated the st
• Herman v. Dulles
  205 F.2d 715· D.C. Cir.· 1953-06-04 ·cited 10×
  An administrative agency with general rule-making authority can set standards for who may practice before it, including revoking an attorney's right to appear based on professional conduct.
• Lane v. Nat'l Labor Relations Bd.
  186 F.2d 671· 10th Cir.· 1951-01-02 ·cited 10×
  The court held that the National Labor Relations Board had jurisdiction and its findings were supported by substantial evidence, thus enforcing its orders against both Mavis Lane and Seamprufe, Inc.
• A.J. and J.C. v. State
  630 So. 2d 1187· Fla. 2d DCA· 1994-01-14 ·cited 9×
  The court held that the chiropractor could not be found guilty of exploitation under the facts presented, but the guardian's actions constituted exploitation.
• Zolio Fermin Figueroa v. Secretary OF Health
  585 F.2d 551· 1st Cir.· 1978-10-31 ·cited 9×
  The court held that the Secretary's decision denying disability benefits was not supported by substantial evidence because the administrative law judge failed to adequately investigate the claimant's claim that medication side effects were disabling. The court remanded the case f
• United States ex rel. Rongetti v. Neelly
  207 F.2d 281· 7th Cir.· 1953-09-29 ·cited 9×
  The court held that the plaintiff failed to provide sufficient evidence to support his claim of U.S. citizenship, and thus, the denial of his habeas corpus petition and subsequent deportation order were proper.
• Buchheit v. Dep't of Bus. & Prof'l Reg.
  659 So. 2d 1220· Fla. 4th DCA· 1995-08-23 ·cited 8×
  Yacht broker's challenge to Department fines reversed because his letter disputing material facts should have triggered a formal hearing requirement under Florida law.
• KUX Mfg. Co. v. Nat'l Labor Relations Bd.
  890 F.2d 804· 6th Cir.· 1989-10-06 ·cited 8×
  The court held that the company's petition to set aside the National Labor Relations Board's order is denied, and the Board's order for enforcement is granted.
• Nat'l Labor Relations Bd. v. Int'l Bhd. OF Elec. Workers, Local Union 112, AFL-CIO
  827 F.2d 530· 9th Cir.· 1987-09-04 ·cited 8×
  The court held that the Board's findings of discriminatory hiring hall practices and unlawful denial of access to dispatch records were supported by substantial evidence, but reversed the Board's findings of discriminatory layoffs for most employees, finding insufficient evidence
• Krumpelman v. Heckler
  767 F.2d 586· 9th Cir.· 1985-07-29 ·cited 8×
  The court held that the district court correctly determined it lacked jurisdiction to review the Secretary's decision not to reopen a prior disability claim, and that the claimed period of disability did not meet the statutory twelve-month requirement.
• Canova v. Nat'l Labor Relations Bd.
  708 F.2d 1498· 9th Cir.· 1983-06-24 ·cited 8×
  The court held that the National Labor Relations Board properly rejected Canova's defenses to backpay awards, including claims of valid reinstatement offers, Phillips' permanent disability, and failure to seek interim employment.
• Amador Stage Lines, Inc. v. The United States & Interstate Commerce Comm'n
  685 F.2d 333· 9th Cir.· 1982-08-26 ·cited 8×
  The court held that the Interstate Commerce Commission's approval of a certificate of public convenience and necessity was unsupported by substantial evidence and lacked necessary findings, constituting an abuse of discretion.
• In re Fracalossi
  681 F.2d 792· C.C.P.A.· 1982-06-24 ·cited 8×
  The court held that the claimed flexible polyurethane foam composition was not patentable because it was anticipated by and obvious in light of the prior art, specifically U.S. Patent No. 3,753,933.
• Nat'l Labor Relations Bd. v. Se. Ass'n FOR Retarded Citizens, Inc.
  666 F.2d 428· 9th Cir.· 1982-01-28 ·cited 8×
  The court held that the National Labor Relations Board (NLRB) acted within its discretion in asserting jurisdiction over Southeast, a non-profit organization, and that Southeast was not denied due process.
• Nat'l Labor Relations Bd. v. Winco Petroleum Co. & Cooper Oil Co., Inc.
  668 F.2d 973· 8th Cir.· 1982-01-20 ·cited 8×
  The court held that Cooper Oil, as a successor employer, is obligated to remedy the unfair labor practices of its predecessor, Winco, including a bargaining order, because it acquired the business with knowledge of the pending labor litigation and maintained substantial continuit
• Bigler v. Dep't OF Banking & Fin.
  394 So. 2d 989· Fla.· 1981-02-19 ·cited 8×
  A statute regulating bank charter applications does not unlawfully delegate legislative authority merely because it uses general terms such as 'need' and 'community,' when read in pari materia with detailed criteria that channel and define the agency's investigative and approval
• United States v. Lober
  630 F.2d 335· 5th Cir.· 1980-11-12 ·cited 8×
  The court held that the Coast Guard has the statutory authority to investigate potential violations of Title 52 of the Revised Statutes even without the involvement of a licensed officer, and that the investigation satisfied due process requirements.
• Nat'l Labor Relations Bd. on Relation of Int'l Union OF Elec. v. Dutch BOY, Inc.
  606 F.2d 929· 10th Cir.· 1979-10-04 ·cited 8×
  The district court correctly dismissed Dutch Boy's cross-application for subpoena enforcement for lack of jurisdiction and properly enforced the Board's subpoenas.
• Sondra Weisbrod v. Fla. Career Serv. Comm'n & Dep't of Health & Rehabilitative Servs.
  375 So. 2d 1102· Fla. 1st DCA· 1979-09-20 ·cited 8×
  The Florida First District Court of Appeal reversed the Career Service Commission's decision upholding a social worker's dismissal based on off-duty verbal conduct. The court held that mere vulgar speech without demonstrable adverse impact on job performance or agency operations
• Nat'l Labor Relations Bd. v. Temple-Eastex
  579 F.2d 932· 5th Cir.· 1978-09-08 ·cited 8×
  The court held that the National Labor Relations Board cannot enforce an order based on a theory not presented to the administrative law judge and not litigated by the parties.
• Elec. Components Corp. of N.C. v. Nat'l Labor Relations Bd.
  546 F.2d 1088· 4th Cir.· 1976-09-17 ·cited 8×
  The court held that the National Labor Relations Board's order finding the Company violated the National Labor Relations Act by refusing to bargain should not be enforced because the Board failed to properly investigate the Company's objections to the election.
• Gonzalez v. Shanker
  533 F.2d 832· 2d Cir.· 1976-04-09 ·cited 8×
  Administrative and contractual remedies available to the principal were not sufficiently adequate to require exhaustion before filing a federal civil rights action.
• United States Steel Corp. v. Fed. Power Comm'n
  533 F.2d 1217· D.C. Cir.· 1976-03-24 ·cited 8×
  The court held that the FPC's order regarding natural gas curtailment and extraordinary relief was supported by substantial evidence and that petitioners failed to meet their burden of proof for such relief.
• Ismail Abdel Razik v. The United States
  525 F.2d 1028· Ct. Cl.· 1975-11-19 ·cited 8×
  The court held that the agency's removal of the plaintiff from his Civil Service position was procedurally sound and not arbitrary, thus affirming the administrative decision.
• Mrs. Bella M. Bailey v. The United States
  511 F.2d 540· Ct. Cl.· 1975-02-19 ·cited 8×
  A federal employee retired from the military due to age and length of service, receiving a military annuity, is not entitled to credit that military service for a Civil Service retirement annuity unless specific statutory exceptions are met.
• Terry v. The United States
  499 F.2d 695· Ct. Cl.· 1974-06-19 ·cited 8×
  The court held that the Postal Reorganization Act did not affect jurisdiction over claims arising before its enactment and that the plaintiff's written statement was not coerced, thus admissible as evidence supporting his discharge.
• Sterling Drug Inc. v. Caspar W. Weinberger
  503 F.2d 675· 2d Cir.· 1974-05-02 ·cited 8×
  The court held that the FDA's August 7, 1973 order withdrawing approval of Alevaire was invalid because it was based on a "fixed combination drug" theory for which petitioners had not received adequate notice or an opportunity to present evidence.
• Nat'l Labor Relations Bd. v. Addison Shoe Corp.
  450 F.2d 115· 8th Cir.· 1971-11-11 ·cited 8×
  The court held that the trial examiner erred in denying the company a fair hearing by improperly excluding certain testimony and that the matter must be remanded for further proceedings.
• Owens-Corning Fiberglas Corp. v. Nat'l Labor Relations Bd.
  435 F.2d 960· 4th Cir.· 1970-12-14 ·cited 8×
  The court held that the union was properly certified as the exclusive bargaining representative and enforced the National Labor Relations Board's bargaining order.
• Maremont Corp. v. Fed. Trade Comm'n
  431 F.2d 124· 7th Cir.· 1970-09-03 ·cited 8×
  The district court correctly dismissed the complaint because the plaintiff failed to exhaust administrative remedies and the issues raised were not ripe for judicial review.
• United States v. Primous
  420 F.2d 33· 7th Cir.· 1970-01-09 ·cited 8×
  The court held that a registrant's initial classification error is not void ab initio if subsequent classifications are valid and the registrant cannot show prejudice from the error.
• Salter v. The United States
  412 F.2d 874· Ct. Cl.· 1969-07-16 ·cited 8×
  The court held that the plaintiff was not prejudiced by the withholding of medical reports and that the inclusion of an affidavit did not deny administrative due process, affirming the demotion.
• Leora J. Bishop v. McKEE
  400 F.2d 87· 10th Cir.· 1968-08-26 ·cited 8×
  The court held that the agency substantially complied with procedural steps in removing the appellant and that the remedy of removal was within the agency's discretion.
• Herminia Venus Valeros v. Immigr. & Naturalization Serv.
  387 F.2d 921· 7th Cir.· 1967-11-28 ·cited 8×
  The court held that while compelled testimony obtained in violation of the Fifth Amendment is inadmissible in a deportation proceeding, other documentary evidence was sufficient to support the deportation order.
• States Marine Lines, Inc. v. Fed. Mar. Comm'n & United States
  376 F.2d 230· D.C. Cir.· 1967-03-08 ·cited 8×
  The court held that while complainant secrecy is permissible, the self-policing system's failure to provide adequate safeguards against the use of secret evidence against an accused member renders it unfair. The court remanded the case for further proceedings.
• Nagel Jacob Maroon v. Immigr. & Naturalization Serv.
  364 F.2d 982· 8th Cir.· 1966-08-25 ·cited 8×
  The court held that a clerk's certification of records as the 'keeper' is sufficient authentication under Rule 44, and that hearsay statements regarding family history are admissible in deportation proceedings if trustworthy.
• Clement L. McEACHERN v. Macy
  341 F.2d 895· 4th Cir.· 1965-02-19 ·cited 8×
  The court held that the admission of creditors' letters was not error where the appellant admitted the underlying debts, and the admitted debts provided substantial evidence for the charges.
• United States v. Parker
  307 F.2d 585· 7th Cir.· 1962-08-20 ·cited 8×
  The court held that there was a basis in fact for the defendant's classification, and therefore the induction order was not void, leading to a valid conviction for refusing induction.
• Storkline Corp. v. Nat'l Labor Relations Bd.
  298 F.2d 276· 5th Cir.· 1962-01-18 ·cited 8×
  The court held that the district court properly enforced the subpoena duces tecum and that Storkline's due process claims regarding the Board's document production were premature.
• Jonas v. Fla. Real Est. Comm'n & Robert Tanner
  123 So. 2d 264· Fla. 3d DCA· 1960-09-19 ·cited 8×
  Jonas petitions for certiorari to review a Florida Real Estate Commission order suspending his real estate broker license for 90 days based on charges of concealment, breach of trust, dishonest dealing, misrepresentation, and false pretense. The court affirms the Commission's dis
• Garber v. Civil Aeronautics Bd.
  276 F.2d 321· 2d Cir.· 1960-03-28 ·cited 8×
  The court held that the Civil Aeronautics Board's order revoking the petitioner's flight instructor certificate was not arbitrary or an abuse of discretion.
• Steier v. NEW York State Educ. Comm'r
  271 F.2d 13· 2d Cir.· 1959-09-22 ·cited 8×
  The dissenting judge believes the plaintiff should have an opportunity to prove his claims of arbitrary dismissal from college, and that the case should be remanded for trial.