Due Process In Administrative Proceedings

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

• Saylor v. United States Dep't OF Agric.
  723 F.2d 581· 7th Cir.· 1983-12-21 ·cited 4×
  The court held that the USDA failed to adequately explain the basis for its determination that Saylor violated the Packers and Stockyards Act, requiring a remand for further proceedings.
• Connor v. United States Civil Serv. Comm'n
  721 F.2d 1054· 6th Cir.· 1983-11-28 ·cited 4×
  The court concurred that while the oral reply hearing might have been perfunctory, the employee's own conduct foreclosed any firm conclusion to that effect, thus justifying the agency's action.
• Equal Emp. Opportunity Comm'n v. Burlington N., Inc.
  644 F.2d 717· 8th Cir.· 1981-03-20 ·cited 4×
  The court held that the EEOC's failure to serve notice of a discrimination charge within the ten-day period specified by Title VII is not an absolute bar to an enforcement action, but requires the EEOC to explain the delay and for the court to assess prejudice.
• Nat'l R.R. Passenger Corp. v. Interstate Commerce Comm'n & United States
  610 F.2d 881· D.C. Cir.· 1979-07-16 ·cited 4×
  The court held that the Interstate Commerce Commission (ICC) acted properly in charging Amtrak its allocated share of operating costs under a pre-existing agreement and that the ICC's assessment of specific charges was just and reasonable.
• Am. Cast Iron Pipe Co. v. Nat'l Labor Relations Bd.
  600 F.2d 132· 8th Cir.· 1979-06-04 ·cited 4×
  The court held that the company's rules prohibiting employees from distributing or making "false" statements were overbroad and violated the NLRA, and that the company's discriminatory enforcement of its distribution rule also violated the Act. The court also affirmed the NLRB's
• David B. Lilly Co., Inc. v. The United States
  571 F.2d 546· Ct. Cl.· 1978-02-22 ·cited 4×
  The dissenting judge believes the majority's holding contravenes the rule that only members on the effective date can participate in a tribunal's decision.
• Spitzer Akron, Inc. v. Nat'l Labor Relations Bd.
  504 F.2d 28· 6th Cir.· 1974-10-14 ·cited 4×
  The court held that the National Labor Relations Board failed to comply with the Supreme Court's mandate by not providing the petitioner notice and an opportunity to be heard during reconsideration.
• Virgin Islands Hotel Ass'n (U.S.), Inc. v. Virgin Islands Water & Power Auth.
  476 F.2d 1263· 3d Cir.· 1973-04-12 ·cited 4×
  The court concurred in the result because the appellant failed to object to the allotted time for study or to establish the specific inquiries they would have made.
• Nat'l Labor Relations Bd. v. Hijos de Ricardo Vela, Inc.
  475 F.2d 58· 1st Cir.· 1973-03-05 ·cited 4×
  The court held that the Trial Examiner did not abuse her discretion in denying a continuance, and therefore the Board's order is enforceable.
• Mrs. Almena Willet Matthews v. R.R. Ret. Bd.
  472 F.2d 1176· 5th Cir.· 1973-02-01 ·cited 4×
  The court held that the Railroad Retirement Board failed to comply with its own regulations by not providing the claimant with new evidence it considered, thus denying her an opportunity to rebut it.
• Morgan v. Melchar
  467 F.2d 133· 3d Cir.· 1972-09-12 ·cited 4×
  The court held that the Selective Service System local board's arbitrary action in denying appeal rights, by mischaracterizing a refusal to reopen as a decision on the merits, exceeded its statutory jurisdiction.
• Korman v. The United States
  462 F.2d 1382· Ct. Cl.· 1972-07-14 ·cited 4×
  The court held that the administrative record contained substantial evidence to support the charge of failing to perform duties with respect to classifying a racketeer, and that the demotion was not an arbitrary penalty.
• United States v. Norwood J. Patterson
  465 F.2d 360· 9th Cir.· 1972-07-03 ·cited 4×
  The court held that the defendant's constitutional arguments regarding due process and imprisonment for debt were without merit, and the evidence was sufficient for conviction.
• Carino v. Immigr. & Naturalization Serv.
  460 F.2d 1341· 7th Cir.· 1972-05-02 ·cited 4×
  The court held that it lacks jurisdiction to review the denial of revalidation of expired third-preference visa petitions, as this falls outside the scope of judicial review for orders of deportation and exclusion.
• Turpin v. Resor
  452 F.2d 240· 9th Cir.· 1971-12-15 ·cited 4×
  The court held that the challenged Army regulation is not subject to judicial review on grounds of administrative due process or equal protection, and that there is no constitutional right to counsel in such administrative proceedings.
• Rosenman v. Levbarg
  435 F.2d 1286· 3d Cir.· 1970-12-30 ·cited 4×
  The court held that the case must be remanded for further proceedings because the appellate court cannot decide disputed issues of mootness and exhaustion of administrative remedies based on oral argument alone.
• Anderson Charles v. Winton M. Blount
  430 F.2d 665· 7th Cir.· 1970-08-07 ·cited 4×
  The court held that the trial court was justified in granting summary judgment because the employee failed to request cross-examination of a witness during the administrative hearing.
• Brown v. United States
  367 F.2d 907· 10th Cir.· 1966-10-27 ·cited 4×
  The court held that the appellants' contracts did not qualify them as 'producer-handlers' exempt from the Milk Marketing Order, and that injunctive relief was mandatory for continuous violations.
• Hirsch v. McCULLOCH
  303 F.2d 208· D.C. Cir.· 1962-03-15 ·cited 4×
  The court held that the National Labor Relations Board (NLRB) cannot decline jurisdiction over an entire class or category of employers based solely on advisory opinions; it must do so through formal rule-making or a hearing process that results in a rule of decision.
• Litton Indus. OF Md., Inc. v. The Renegotiation Bd.
  298 F.2d 156· 4th Cir.· 1962-01-05 ·cited 4×
  The Tax Court correctly determined it lacked jurisdiction to review the Renegotiation Board's decision exempting a contract from renegotiation, as Congress expressly excluded such determinations from judicial review.
• Boyles Galvanizing Co. OF Colo. v. Waers
  291 F.2d 791· 10th Cir.· 1961-06-06 ·cited 4×
  A federal district court lacks jurisdiction to enjoin an NLRB representation election order when the Board's assertion of jurisdiction, even if based on prior findings, does not exceed its statutory authority or violate due process.
• Dyer v. Sec. & Exch. Comm'n
  290 F.2d 541· 8th Cir.· 1961-05-10 ·cited 4×
  The Securities and Exchange Commission's refusal to grant a hearing on shareholder proposals, when processing proxy materials under Rule 61, was not an abuse of discretion and is summarily affirmed.
• Vergil Heber Sergeant v. Fudge
  238 F.2d 916· 6th Cir.· 1956-12-18 ·cited 4×
  The court held that the Postmaster General's statutory authority to discontinue post offices, when exercised within that authority, is not subject to judicial review or injunction.
• Colo. Interstate Gas Co. v. Fed. Power Comm'n
  209 F.2d 717· 10th Cir.· 1953-10-29 ·cited 4×
  A reviewing court has inherent power to consider manifest error in agency orders, even if not explicitly raised in rehearing applications, to ensure a just end result.
• Am. Air Transp., Inc. v. Civil Aeronautics Bd.
  206 F.2d 423· D.C. Cir.· 1953-03-05 ·cited 4×
  The court held that the company violated a regulation properly applied to it, based on its course of conduct.
• Automatic Canteen Co. of Am. v. Fed. Trade Comm'n
  194 F.2d 433· 7th Cir.· 1952-01-18 ·cited 4×
  The court held that a buyer who knowingly induces or receives a price discrimination prohibited by § 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, bears the same burden of proving cost justification as a seller.
• Brand v. Chicago Hous. Auth.
  120 F.2d 786· 7th Cir.· 1941-05-24 ·cited 4×
  A housing authority can reduce rentals and disqualify tenants, even if it causes hardship, as long as it complies with lease terms and statutory authority.
• Reinshuttle v. Agency FOR Health Care Admin.
  849 So. 2d 434· Fla. 1st DCA· 2003-07-14 ·cited 3×
  The court reversed the denial of administrative hearings and remanded for proceedings to determine whether Career Service employees were properly reclassified to Selected Exempt status under Florida's Service First legislation without a point of entry into the administrative proc
• Brotherhood OF Maintenance OF WAY Employees v. ST. Johnsbury & Lamoille Cnty. Railroad/M.P.S. Assocs., Inc.
  794 F.2d 816· 2d Cir.· 1986-06-30 ·cited 3×
  The court held that the National Railroad Adjustment Board's award was against the St. Johnsbury Railway, not the State of Vermont, and that the district court erred in entering judgment against the State.
• Louisville & Nashville R.R. Co. v. Sullivan
  617 F.2d 793· D.C. Cir.· 1980-01-08 ·cited 3×
  The dissenting judge argues that the Federal Railroad Administrator's emergency powers under 45 U.S.C. § 432 are not limited by the size of the problem or facility, and that the L&N Railroad's widespread track safety issues justified the Administrator's broad emergency order.
• Johnnie Jones (Willie Felton) v. Fla. Parole & Prob. Comm'n & Louie L. Wainwright
  348 So. 2d 681· Fla. 1st DCA· 1977-08-10 ·cited 3×
  Florida appellate court reversed parole revocation where the Commission relied solely on hearsay evidence without any non-hearsay evidence to support the violation finding, holding that parole revocation requires some valid legal evidence beyond hearsay despite relaxed evidentiar
• Dep't of Hwy. Safety & Motor Vehicles v. Azbell
  154 So. 3d 461· Fla. 5th DCA· 2015-01-02 ·cited 2×
  The circuit court did not err in ordering the administrative agency to reinstate the driver's license after finding insufficient evidence to support the suspension.
• Williams v. Fla. Parole Comm'n
  954 So. 2d 1271· Fla. 1st DCA· 2007-04-30 ·cited 2×
  The court granted certiorari and quashed the Parole Commission's revocation of conditional release supervision because the record lacked a finding of willful violation of a substantial condition, and the hearing officer recommended reinstatement.
• John F. Phillips, Ph.D. v. Dep't of Bus. & Prof'l Reg.
  737 So. 2d 553· Fla. 1st DCA· 1998-08-13 ·cited 2×
  Phillips, a real estate instructor, appeals the revocation of his license based on teaching an unapproved correspondence course. The court reversed the revocation because the Florida Real Estate Commission failed to comply with statutory notice requirements when withdrawing appro
• Giordano v. Dixon
  744 So. 2d 1024· Fla. 4th DCA· 1997-09-17 ·cited 2×
  Florida appellate court reversed denial of habeas corpus petition and ordered Department of Corrections to vacate disciplinary report and restore gain time because the department failed to produce a cassette tape of the verbal order the inmate was accused of violating, depriving
• Radisson Plaza Minneapolis v. Nat'l Labor Relations Bd.
  987 F.2d 1376· 8th Cir.· 1993-03-15 ·cited 2×
  The court held that the employer's pattern of dilatory tactics, unilateral changes, refusal to provide information, and obstructionist bargaining tactics constituted bad faith bargaining and unfair labor practices, and that the decertification petition was tainted by these practi
• Yellow Freight Sys., Inc. v. Martin
  954 F.2d 353· 6th Cir.· 1992-01-16 ·cited 2×
  The court held that the Secretary of Labor violated Yellow Freight's due process rights by finding a violation of § 405(a) without providing adequate notice or an opportunity to be heard on that specific issue.
• Tanner v. Sec'y OF Health & Human Servs.
  932 F.2d 1110· 5th Cir.· 1991-06-11 ·cited 2×
  The court held that the claimant was denied due process because the administrative law judge relied on a vocational expert's post-hearing report without affording the claimant a meaningful opportunity to cross-examine the expert.
• Bingham v. Nat'l Credit Union Admin. Bd.
  927 F.2d 282· 6th Cir.· 1991-03-06 ·cited 2×
  The court held that the district court properly dismissed the petition challenging the temporary cease and desist order as moot, and that the NCUA's imposition of conservatorship was not arbitrary and capricious, as statutory grounds existed.
• Thomas v. Dick Cheney
  925 F.2d 1407· Fed. Cir.· 1991-02-12 ·cited 2×
  The court held that the district court correctly reversed the board's determination that Major Thomas was administratively AWOL, as there was no statutory or regulatory authority for such a designation and Thomas was not absent from any validly assigned post.
• Ga. Dep't OF Human Res. v. Nash
  915 F.2d 1482· 11th Cir.· 1990-10-30 ·cited 2×
  The dissent argues the majority erred in failing to recognize a cause of action for compensatory damages against the state agency for its failure to advocate for a blind vendor, and in misinterpreting the Secretary of Education's enforcement authority under the Randolph-Sheppard
• Nw. Nat'l Bank v. United States Dep't OF THE Treas. Off. OF THE Comptroller OF THE Currency
  917 F.2d 1111· 8th Cir.· 1990-10-29 ·cited 2×
  The court affirmed the Comptroller's cease and desist order, finding substantial evidence supported the bank's unsafe and unsound practices and statutory violations, and that due process rights were not violated.
• Cobb v. Yeutter
  889 F.2d 724· 6th Cir.· 1989-11-14 ·cited 2×
  The court affirmed the Secretary's decision, finding substantial evidence supported violations of the Packers and Stockyards Act regarding inadequate bond coverage and custodial account mismanagement, and that the imposed sanctions and administrative procedures did not violate du
• Dir., Off. of Workers' Comp. Programs v. Oglebay Norton Co.
  877 F.2d 1300· 6th Cir.· 1989-06-23 ·cited 2×
  The deputy commissioner's delay in naming a responsible operator is not permitted by the applicable regulations.
• United States v. Sterber
  846 F.2d 842· 2d Cir.· 1988-05-10 ·cited 2×
  The court held that a federal district judge cannot impose a special condition of probation requiring a defendant to surrender a state-issued professional license when the state has a comprehensive regulatory system to address professional misconduct.
• State OF Cal. Dep't OF Educ. v. Bennett
  829 F.2d 795· 9th Cir.· 1987-10-01 ·cited 2×
  The Secretary of Education has the authority to require repayment of overallocated federal grant funds, even if the funds were allocated in prior fiscal years, and this authority is not negated by 'substantial compliance'.
• Corey v. Nat'l Transp. Safety Bd.
  822 F.2d 9· 2d Cir.· 1987-06-26 ·cited 2×
  The court held that it lacked jurisdiction to review nonfinal orders and denied the petition for review of the final orders before it.
• Nat'l Labor Relations Bd. v. Overseas Motors, Inc.
  818 F.2d 517· 6th Cir.· 1987-05-11 ·cited 2×
  The court held that the administrative law judge impermissibly restricted the employer's cross-examination of the employee regarding interim earnings and expenditures, denying the employer a fair hearing.
• NKF Eng'g, Inc. v. The United States
  805 F.2d 372· Fed. Cir.· 1986-11-05 ·cited 2×
• Associated Home Health Agency, Inc. v. State of Fla. Dep't OF Health & Rehabilitative Servs. & "A" Associated Home Health Agency, Inc.
  453 So. 2d 104· Fla. 1st DCA· 1984-06-26 ·cited 2×
  Associated Home Health Agency appeals the Department of Health and Rehabilitative Services' revocation of its license to operate in Palm Beach County. The court reverses, finding that HRS improperly conducted the revocation proceeding by allowing a competitor to initiate it rathe