Search for: "DEPARTMENT OF ADMINISTRATIVE HEARINGS DIVISION"
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11 Apr 2024, 6:00 am
In this CPLR Article 78 action, it is undisputed that the hearing before a Department of Motor Vehicles [DMV] Administrative Law Judge was recorded by an electronic recording system. [read post]
11 Apr 2024, 6:00 am
In this CPLR Article 78 action, it is undisputed that the hearing before a Department of Motor Vehicles [DMV] Administrative Law Judge was recorded by an electronic recording system. [read post]
9 Oct 2019, 5:46 pm
If you have been permanently revoked or otherwise cannot legally drive due to DWI suspension, there may be options available for restoration that involve a formal hearing with the NCDMV – North Carolina Department of Transporation / Division of Motor Vehicles. [read post]
23 Jul 2012, 4:13 am
A factual demonstration to support allegations that an individual was denied a fair hearing by an administrative tribunal is critical to rebutting the presumption of honesty and integrity accorded to administrative bodies Dutrow v New York State Racing & Wagering Bd., 2012 NY Slip Op 05699, Appellate Division, Third Department One of the issues in this appeal challenging a disciplinary action taken against an individual by the New York State Racing… [read post]
19 Nov 2020, 9:02 am
An administrative law judge (“ALJ”) held a two day hearing. [read post]
22 Mar 2012, 9:00 pm
Clark v Schriro, 2012 NY Slip Op 00118, Appellate Division, First Department Jesse Clark filed a CPLR Article 78 petition “in the nature of mandamus” seeking to compel the New York City Office of Administrative Trials and Hearings [OATH] to... [read post]
26 Jun 2010, 9:00 pm
., 2010 NY Slip Op 03698, Decided on April 30, 2010, Appellate Division, Fourth Department The Stodolka decision by the Appellate Division, Fourth Department, is an interesting decision as it sets out, and... [read post]
17 Jul 2023, 6:00 am
Citing Matter of LaRocca v Department of Planning, Envt., & Dev. of Town of Brookhaven, 125 AD3d 659, and Matter of Keener v City of Middletown, 115 AD3d 859, the Appellate Division dismissed the Plaintiffs' appeal, noted the Plaintiffs "failed to exhaust their administrative remedies. [read post]
17 Jul 2023, 6:00 am
Citing Matter of LaRocca v Department of Planning, Envt., & Dev. of Town of Brookhaven, 125 AD3d 659, and Matter of Keener v City of Middletown, 115 AD3d 859, the Appellate Division dismissed the Plaintiffs' appeal, noted the Plaintiffs "failed to exhaust their administrative remedies. [read post]
7 Jan 2016, 4:00 am
Minor gaps and errors in the hearing transcript made at an administrative hearing did not preclude meaningful review of the hearingFaisal v New York State Dept. of Motor Vehs., 2015 NY Slip Op 09431, Appellate DivisionMuhammad Faisal brought an Article 78 action to review a determination of the New York State Department of Motor Vehicles Appeals Board confirming a determination of an administrative law judge [ALJ]. [read post]
8 Mar 2013, 1:56 pm
Department of Labor’s Wage and Hour Division, will give real-time analysis of the hearing and take questions from liveblog participants. [read post]
7 Apr 2009, 4:15 am
The administrative body, rather than its attorney, must indicate the basis for its administrative action or decision Matter of Weill v New York City Dept. of Educ., 2009 NY Slip Op 02534, decided on April 2, 2009, Appellate Division, First DepartmentScott A. [read post]
2 May 2017, 5:00 am
*Citing Paul v NYC Department of Education, 146 AD3d 705, the Appellate Division, rejecting Coach's contention that hearsay testimony should not have been admitted at the hearing, holding that the hearing officer "was entitled to rely on hearsay" in sustaining the U-Rating give Coach. * In Gray v Adduci, 73 NY2d 741, the Court of Appeals said that it was well established that "hearsay evidence can be the basis of an administrative… [read post]
14 Jul 2010, 4:05 am
A name clearing hearing available if adverse allegations are shared with another agency or administrator without the assurance of confidentialityVandine v Greece Cent. [read post]
4 Jan 2012, 4:02 am
Exhausting one's administrative remedy Sabino v DiNapoli, 2011 NY Slip Op 09244, Appellate Division, Third Department Anthony J. [read post]
5 May 2022, 3:30 am
The Department of Labor Wage and Hour Division (WHD) previously announced that it is reviewing the minimum wage and overtime rules — specifically, as they relate to exemptions that employers take for bona fide executive, administrative, and professional (EAP) employees under the Fair Labor Standards Act. [read post]
8 Feb 2011, 4:58 am
Administrative law fans should also be interested in this decision, where the First District took a division of the Department of Business and Professional Regulation to task for determining that a permit applicant lacked standing to challenge the denial of its permit application. [read post]
14 Aug 2014, 4:00 am
(D) provides as follows: “An accurate record of the proceedings shall be kept at the expense of the [Education] department at each such hearing in accordance with the regulations of the commissioner. [read post]
13 Feb 2020, 4:00 am
The Appellate Division then explained the "Upon judicial review of a determination rendered by an administrative body following a hearing, [the Appellate Division's] function is limited to consideration of whether the determination is supported by substantial evidence". [read post]
13 Mar 2013, 3:24 pm
Department of Labor’s Wage and Hour Division, will give real-time analysis of the hearing and take questions from liveblog participants. [read post]
