Due Process In Administrative Proceedings

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

• Coffey v. Jordan
  275 F.2d 1· D.C. Cir.· 1959-06-25 ·cited 8×
  The court held that administrative agencies are generally required to make specific findings of fact to support their decisions, even if not explicitly mandated by statute.
• United States ex rel. Justin K. McCarthy v. Cook
  225 F.2d 71· 3d Cir.· 1955-05-23 ·cited 8×
  The court held that the appellant failed to demonstrate prejudice from the selective service board's procedures and that the board was legally constituted, affirming the denial of the writ of habeas corpus.
• United States ex rel. DE Graw v. Toon
  151 F.2d 778· 2d Cir.· 1945-11-07 ·cited 8×
  The court held that the relator's reinduction into the Army was illegal because he was not accorded his right to confront damaging evidence against him and the Local Board failed to properly report facts to the Appeal Board.
• Bhd. of Ry. & S.S. Clerks v. Virginian RY. Co.
  125 F.2d 853· 4th Cir.· 1942-02-09 ·cited 8×
  The National Mediation Board's certification is denied recognition because its investigation process violated due process by misleading one party and improperly classifying employee groups.
• Great Lakes Airlines, Inc. v. Civil Aeronautics Bd.
  294 F.2d 217· D.C. Cir.· 1961-02-24 ·cited 7×
  The court held that the Board's termination of petitioners' operating authority was unlawful because it was not accomplished in accordance with the notice and hearing requirements of the Administrative Procedure Act and due process.
• A.C. C/O V.R. v. Agency for Health Care Admin.
  315 So. 3d 107· Fla. 3d DCA· 2020-07-08 ·cited 6×
  The appellate court reversed an agency's order dismissing a child's request for a Medicaid fair hearing. The court found the agency's final order lacked sufficient factual findings to support its conclusion that the child's representative failed to establish good cause for missin
• Navistar Int'l Transp. Corp. v. United States Env't Prot. Agency
  858 F.2d 282· 6th Cir.· 1988-09-23 ·cited 6×
  The court held that the EPA's notice of noncompliance was sufficient and that Navistar violated the Ohio SIP, affirming the EPA's decision.
• Nat'l Labor Relations Bd. v. Coca Cola Bottling Co. OF Buffalo, Inc.
  811 F.2d 82· 2d Cir.· 1987-01-28 ·cited 6×
  The court held that the Company violated Section 8(a)(1) of the NLRA by discharging an employee to discourage him and others from testifying in a criminal trial, even though the specific violation was not explicitly charged, because the issues were fully litigated.
• In re Bose Corp.
  772 F.2d 866· Fed. Cir.· 1985-09-09 ·cited 6×
  The court held that a functional design cannot be registered as a trademark, and the five-sided speaker enclosure design is functional. The substitution of a board member after oral argument did not invalidate the decision.
• Hillsborough Cnty. Hosp. Auth. v. Tampa Heart Inst. & Dep't of Health & Rehabilitative Servs.
  472 So. 2d 748· Fla. 2d DCA· 1985-05-22 ·cited 6×
  This administrative appeal challenges HRS's default order against Tampa General Hospital and dismissal of certificate-of-need proceedings regarding Tampa Heart Institute's cardiac facility proposal. The court reversed the default, holding that administrative agencies lack authori
• Lewis v. Crim. Just. Standards & Training Comm'n
  462 So. 2d 528· Fla. 1st DCA· 1985-01-08 ·cited 6×
  The court held that a law enforcement officer's certification cannot be revoked under a statute that was not in effect at the time of the alleged conduct and has no provision for retroactive application.
• Turro v. Dep't OF Health & Rehabilitative Servs.
  458 So. 2d 345· Fla. 1st DCA· 1984-10-12 ·cited 6×
  The Department of Health and Rehabilitative Services properly applied the standards in Rule 10-5.11(23) to the applications for Certificates of Need, even though the rule became effective after the hearing commenced.
• Nat'l Labor Relations Bd. v. Winburn Tile Mfg. Co.
  663 F.2d 44· 8th Cir.· 1981-10-15 ·cited 6×
  The court held that the company raised material and substantial factual issues regarding the supervisory status of certain employees, entitling it to an evidentiary hearing before the Board.
• Sholly v. United States Nuclear Regulatory Comm'n
  651 F.2d 792· D.C. Cir.· 1981-03-04 ·cited 6×
  The court denied a suggestion for rehearing en banc, with a dissenting opinion arguing the panel's interpretation of the Atomic Energy Act was incorrect and contrary to precedent.
• Jerry v. Louie L. Wainwright
  383 So. 2d 1110· Fla. 1st DCA· 1980-05-13 ·cited 6×
  A prisoner in a disciplinary proceeding does not have an absolute right to call witnesses, and when conflicting testimony exists about whether the prisoner requested to call witnesses, the trial court's credibility determination resolving that conflict in favor of prison official
• Teleprompter Cable Sys., Inc. v. Fed. Commc'ns Comm'n & United States
  543 F.2d 1379· D.C. Cir.· 1976-08-26 ·cited 6×
  The FCC may not apply the Root Refining doctrine to deny a certificate of compliance when its certification process has not been impaired by fraud or bribery.
• Buchman v. State Bd. OF Accountancy
  300 So. 2d 671· Fla.· 1974-07-31 ·cited 6×
  Florida Supreme Court reversed the State Board of Accountancy's revocation of Ralph Buchman's CPA license for fraud, finding insufficient evidence of the specific intent required for the charges. While the court found evidence of fraud at the firm level, it determined the Board f
• Arnie King v. Higgins
  495 F.2d 815· 1st Cir.· 1974-04-24 ·cited 6×
  The court held that a new classification hearing is required because the prior invalid disciplinary hearing was considered in the reclassification process.
• Mann v. Klassen
  480 F.2d 159· 5th Cir.· 1973-06-11 ·cited 6×
  The court affirmed the district court's grant of summary judgment, finding that the administrative proceedings did not violate the appellant's due process rights.
• Nat'l Labor Relations Bd. v. Americana Nursing Home & Convalescent Ctr., Inc.
  459 F.2d 26· 4th Cir.· 1972-04-07 ·cited 6×
  The court held that the National Labor Relations Board did not err in summarily rejecting the employer's challenge to an election's validity without a hearing.
• Veasey v. Bd. OF Pub. Instruction
  247 So. 2d 80· Fla. 4th DCA· 1971-02-17 ·cited 6×
  An administrative agency expelling a student must enter a written order containing specific findings of fact related to the charges, and a reconstituted board may do so without rehearing testimony if it carefully reviews the original record.
• Ubiotica Corp. v. Food & Drug Admin.
  427 F.2d 376· 6th Cir.· 1970-06-05 ·cited 6×
  The court held that the Commissioner properly refused to approve the new drug application and did not arbitrarily terminate the investigational exemption, and that the petitioner received a fair hearing.
• United States v. Bittinger
  422 F.2d 1032· 4th Cir.· 1969-12-24 ·cited 6×
  The court held that the Selective Service board's failure to properly consider the registrant's claim of ministerial status, after he was ordered to report for civilian work, constituted a lack of administrative due process, requiring reversal of his conviction.
• Pest Control Comm'n OF Fla. v. ACE Pest Control, Inc.
  214 So. 2d 892· Fla. 1st DCA· 1968-10-24 ·cited 6×
  The Pest Control Commission appealed interlocutory orders enjoining it from proceeding with license suspension/revocation hearings against two pest control companies. The court reversed the injunctions, holding that courts should not prematurely interfere with administrative agen
• Nat'l Labor Relations Bd. v. Howard Johnson Co.
  398 F.2d 435· 3d Cir.· 1968-07-26 ·cited 6×
  The court held that the Board improperly denied the employer a hearing on the merits of whether an employee was a statutory supervisor, thus preventing a full determination of the issue.
• Konstantinos Niarchos v. Immigr. & Naturalization Serv.
  393 F.2d 509· 7th Cir.· 1968-04-03 ·cited 6×
  The court held that a petitioner cannot challenge a prior deportation order in a current review proceeding if they departed the U.S. after the order was issued.
• Somlo v. Civil Aeronautics Bd. & William F. McKee
  367 F.2d 791· 7th Cir.· 1966-10-03 ·cited 6×
  The court held that a pilot cannot disregard licensing requirements and that the term 'passengers' in aviation regulations includes non-fare-paying occupants for safety purposes.
• MacLEOD v. Immigr. & Naturalization Serv.
  327 F.2d 453· 9th Cir.· 1964-01-13 ·cited 6×
  The court held that the Order to Show Cause was insufficient to inform the petitioner of the charges against him, specifically the factual basis for the claim of loss of United States citizenship.
• Courtaulds (Alabama) Inc. v. Dixon
  294 F.2d 899· D.C. Cir.· 1961-04-27 ·cited 6×
  The Federal Trade Commission's rule defining rayon as a manufactured fiber composed of regenerated cellulose, even if cross-linked, was not arbitrary, capricious, or unlawful.
• Crolley v. Tatton
  249 F.2d 908· 5th Cir.· 1957-12-10 ·cited 6×
  The court held that while the amended determination was invalid due to unfair procedure, the district court erred in directing the administrative committee to reinstate its original decision, as this usurped the agency's fact-finding authority.
• Sol O. Schlesinger v. Gates
  249 F.2d 111· D.C. Cir.· 1957-09-26 ·cited 6×
  The court held that the Secretary of the Navy had the authority to debar a contractor for default under the Armed Services Procurement Act and that the contractor was afforded sufficient opportunity to present information.
• Angilly v. United States
  199 F.2d 642· 2d Cir.· 1952-11-07 ·cited 6×
  The court held that the plaintiff's claims were properly dismissed as the statutory procedures were followed and the district court lacked jurisdiction for salary recovery and reinstatement.
• Takeo Tadano v. Manney
  160 F.2d 665· 9th Cir.· 1947-03-20 ·cited 6×
  The court held that an alien facing deportation must be informed of the specific factual charges against them, and the deportation order must be based on those charges and the evidence presented.
• Nat'l Labor Relations Bd. v. Ford Motor Co.
  118 F.2d 766· 9th Cir.· 1941-03-31 ·cited 6×
  The court held that Ford's allegations did not warrant ordering the Board to reply to affirmative allegations or supplement the record with informal communications.
• CCP Harbour Island, LLC v. Manor at Harbour Island, LLC
  373 So. 3d 18· Fla. 2d DCA· 2023-10-11 ·cited 5×
  The appellate court reviewed a trial court's decision to allow a plaintiff (Manor) to amend its complaint to seek punitive damages against the defendants (CCP and others) for abuse of process and malicious prosecution claims. The court affirmed in part and reversed in part, findi
• Miami-Dade Cnty. v. City of Miami
  315 So. 3d 115· Fla. 3d DCA· 2020-12-23 ·cited 5×
  A municipal mayor's veto of a quasi-judicial decision by a city commission is itself a quasi-judicial act subject to certiorari review when the veto is inextricably intertwined with the quasi-judicial proceedings. The circuit court erred in examining the Mayor's veto in isolation
• Cabezas v. Richard Corcoran as the Commissioner of Education
  293 So. 3d 602· Fla. 1st DCA· 2020-04-07 ·cited 5×
  The appellate court affirmed the Education Practices Commission's (EPC) order permanently revoking an educator's certificate. The educator argued he was denied due process by not receiving a formal hearing and that the EPC lacked authority because his conviction was on appeal, bu
• Lawrence R. Engel, D.D.S. v. Hon. Linda Rigot
  434 So. 2d 954· Fla. 3d DCA· 1983-06-07 ·cited 5×
  Dr. Lawrence Engel sought to depose four dentists in administrative proceedings where the Board of Dentistry filed a complaint against him. The hearing officer quashed his subpoenas, requiring him to pay expert witness fees in advance. The court granted certiorari, holding that t
• Molpus v. Porter L. Fortune, Jr.
  432 F.2d 916· 5th Cir.· 1970-10-05 ·cited 5×
  The appellate court affirmed the district court's decision, finding that the University failed to meet the 'clear and present danger' test for denying a student's request to invite a speaker.
• Land Corp. OF Fla. v. Metro. Dade Cnty.
  204 So. 2d 222· Fla. 3d DCA· 1967-11-21 ·cited 5×
  Land Corporation of Florida appealed the dismissal of its complaint challenging a county commission's denial of its zoning variance application. The court affirmed the dismissal, holding that review of the county commission's zoning decision must proceed by certiorari petition ra
• Ricardo Jose Sabates, M.D. v. State of Fla. Dep't of Health
  104 So. 3d 1227· Fla. 4th DCA· 2012-12-19 ·cited 4×
  Dr. Sabates appealed a final administrative order from the Florida Board of Medicine imposing discipline and awarding attorney's fees to the Department of Health. The court affirmed the disciplinary findings but reversed the attorney's fees award for lack of sufficient evidence.
• Ludwig v. Dep't OF Health
  778 So. 2d 531· Fla. 1st DCA· 2001-03-05 ·cited 4×
  A licensee seeking a stay of a license suspension pending appeal must file a motion, and the agency has ten days to demonstrate probable danger to the public.
• Cent. Fla. Reg'l Hosp., Inc. v. Dep't OF Health & Rehabilitative Servs.
  582 So. 2d 1193· Fla. 5th DCA· 1991-06-06 ·cited 4×
  Central Florida Regional Hospital challenged HRS's denial of its certificate of need application for an open heart surgery program. The court reversed the denial, finding that HRS improperly changed its need determination standard mid-cycle and failed to apply consistent rules to
• Haskell v. United States Dep't OF Agric.
  930 F.2d 816· 10th Cir.· 1991-04-16 ·cited 4×
  The court held that transaction reports prepared during an FNS investigation are admissible under the business records exception to the hearsay rule, and that the store owner received adequate due process. The court affirmed the district court's decision upholding the permanent d
• Algiers Muse v. Louis W. Sullivan, M.D.
  925 F.2d 785· 5th Cir.· 1991-01-18 ·cited 4×
  The court held that the Administrative Law Judge's (ALJ) decision denying disability benefits was supported by substantial evidence, and the claimant failed to exhaust administrative remedies regarding his bias claim.
• Sheppard v. Louis W. Sullivan, M.D.
  906 F.2d 756· D.C. Cir.· 1990-06-26 ·cited 4×
  The court held that the Social Security Administration (SSA) had the authority to reopen an administrative law judge's decision on its own motion, that the recalculation and offset of retroactive benefits were permissible, and that the SSA's calculation method did not require not
• Billy v. Hall, M.D.
  830 F.2d 906· 8th Cir.· 1987-10-05 ·cited 4×
  The court affirmed the district court's order, holding that the Secretary's decision to exclude Dr. Hall from Medicare/Medicaid programs was supported by substantial evidence and that Hall was not denied due process despite administrative delays.
• Rose v. Sec'y OF the Dep't OF Labor
  800 F.2d 563· 6th Cir.· 1986-09-03 ·cited 4×
  The court held that the Administrator's notice of determination was defective because it failed to inform the complainant of their right to request a hearing, requiring remand.
• United States v. McBRIDE
  788 F.2d 1429· 10th Cir.· 1986-04-17 ·cited 4×
  The district court correctly refused to allow a collateral attack on the FAA's suspension order, as exclusive judicial review is provided by statute to the courts of appeals.
• McENTIRE v. Brevard Cnty. Sch. Bd.
  471 So. 2d 1287· Fla. 5th DCA· 1985-02-07 ·cited 4×
  A high school student was expelled for allegedly selling pills represented to be speed, but the court reversed the expulsion because the evidence showed the student never represented the pills as speed and they were merely caffeine. The case highlights the importance of requiring