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Bear Lake Watch Inc. v. Federal Energy Regulatory Commission
Energy commission properly declined jurisdiction over reservoir that was not necessary to operation of power project.
Administrative Agencies May 30, 2003
Marriage of Abargil
Relocation order allowing mother to move to Israel with son was proper.
Administrative Agencies 2DCA/8 May 21, 2003
California State Legislature Board v. Mineta
Federal Railroad Administration properly concluded that 'duty call' does not constitute violation of the Hours of Service Laws.
Administrative Agencies May 20, 2003
Townsend v. Quasim
Provision of community-based nursing care to select Medicaid recipients may violate ADA.
Administrative Agencies May 1, 2003
Santa Teresa Citizen Action Group v. California Energy Commission
State supreme court has exclusive jurisdiction to review decision by energy commission to certify power plant.
Administrative Agencies Apr. 8, 2003
California Advocates for Nursing Home Reform v. Bonta
Advocate group may sue state agency for employing regulations in violation of Administrative Procedure Act.
Administrative Agencies Apr. 3, 2003
People v. Linares
Defendant who attempted to murder victim with car is not entitled to have driver's license revoked.
Administrative Agencies Apr. 1, 2003
Jackson v. Gourley
DMV may not reject certificates of completion from students who take driver education correspondence course from private high school.
Administrative Agencies Mar. 31, 2003
Westly v. California Public Employees' Retirement System Board of Administration
State Constitution's grant of 'plenary authority' to Board of Retirement does not include non-compliance with law limiting pay of government employees.
Administrative Agencies Mar. 31, 2003
Natural Resources Defense Council Inc. v. Evans
National Marine Fisheries Service failed to provide proper notice and opportunity for public comment under Administrative Procedure Act.
Administrative Agencies Mar. 21, 2003
People v. Miller Brewing Co.
Beer manufacturer may give cash rebates on purchase of beer when consumers purchase non-alcoholic products.
Administrative Agencies Feb. 28, 2003
Washington State Dept. of Social and Health Services v. Guardianship Estate of Keffeler
State's use of social security benefits to reimburse expenses for foster care program does not violate Social Security Act.
Administrative Agencies Feb. 24, 2003
Duarte & Witting, Inc. v. New Motor Vehicle Board (DaimlerChrysler Motors Corp.)
New Motor Vehicle Board has implied authority to dismiss protest where undisputed facts demonstrate good cause for franchise termination.
Administrative Agencies Feb. 20, 2003
California Youth Authority v. State Personnel Board (Henderson)
Reviewing court isn't required to give great weight to administrative law judges credibility determinations in employee dismissal action by California Youth Authority.
Administrative Agencies Feb. 20, 2003
Farmers Insurance Group of Companies v. Workers' Compensation Appeals Board
Unless specifically related to fraud, restitution payment may not be credited against workers' compensation benefits.
Administrative Agencies Feb. 20, 2003
Zinnemann v. Bagnol
Claimants who engaged in post-bankruptcy maneuvering are not eligible to recover from Real Estate Recovery Program.
Administrative Agencies Feb. 20, 2003
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board (Southland Corp.)
Administrative law judge was entitled to rely upon record to conclude police decoy who purchased alcohol was underage.
Administrative Agencies Feb. 5, 2003
Dibble v. Gourley
In challenge of driver's license suspension, plaintiff waived objection to unsworn reports by failing to appear at administrative hearing.
Administrative Agencies Feb. 4, 2003
Komizu v. Gourley
Blood alcohol result that was typed six days after test was administered was admissible in license revocation hearing.
Administrative Agencies Feb. 4, 2003
Greenlining Institute v. Public Utilities Commission (Pacific Bell Telephone Co.)
Public utilities commission lacks jurisdiction to decide whether utility violated unfair competition law.
Administrative Agencies Feb. 4, 2003
Marquez v. Gourley
Driver who wishes to obtain judicial review of DMV's decision to suspend his license must first request administrative hearing before DMV.
Administrative Agencies Feb. 3, 2003
Conlan v. Bonta
Agency failed to establish reasonable procedure for Medi-Cal beneficiaries to be reimbursed for overpayments.
Administrative Agencies Feb. 3, 2003
Hamilton v. Gourley
Suspension of commercial license isn't authorized where driver was convicted of driving with .08 percent blood alcohol content, not DUI conviction.
Administrative Agencies Jan. 29, 2003
Opinion of Lockyer
Little Hoover Commission is not authorized to comprehensively review administrative operations of court system.
Administrative Agencies Jan. 28, 2003
Barnhart v. Peabody
Initial assignments of beneficiaries made by Social Security Commissioner after deadline imposed by Coal Industry Retiree Health Benefit Act are valid.
Administrative Agencies Jan. 22, 2003
Wards Cove Packing Corp. v. National Marine Fisheries Service
Deferment to agency's interpretive rule was improper since regulation governing fishing operations is clear and unambiguous.
Administrative Agencies Jan. 15, 2003
Redevelopment Agency of the City of San Diego
Redevelopment Agency is not required to show compliance with CERCLA in order to recover clean-up costs from former property owner.
Administrative Agencies Jan. 7, 2003
Opinion of Lockyer
Statute prohibiting clinical psychologists from prescribing drugs is constitutional.
Administrative Agencies Dec. 26, 2002
California Trout Inc. v. Federal Energy Regulatory Commission
Energy commission acted within its authority in issuing annual licenses absent utility's compliance with water quality certification requirement.
Administrative Agencies Dec. 25, 2002
U.S. v. Bean
Mere inaction by Bureau of Alcohol Tobacco and Firearms does not automatically grant court jurisdiction to hear claim involving firearm application.
Administrative Agencies Dec. 16, 2002