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2 May 2022, 1:48 pm by Jonathan M. Barnett
”  In contrast, the agency’s previously released strategic plan had described the agency’s mission as promoting “competition” for the benefit of consumers, consistent with the case law’s commitment to protecting consumer welfare, dating at least to the Supreme Court’s 1979 decision in Reiter v. [read post]
24 Jan 2022, 7:36 pm by fjhinojosa
Kastenberg, The Limits of Executive Power in Crisis in the Early Republic: Martin v. [read post]
8 Dec 2021, 7:30 am by Public Employment Law Press
" Citing Matter of Freeman v Ward , 162 AD2d 127, leave to appeal denied 76 NY2d 706, the court explained that the Hearing Officer was free to credit the witnesses' testimony corroborating the child's statements, since weighing the evidence and choosing between conflicting accounts was solely within the province of the administrative agency. [read post]
8 Dec 2021, 7:30 am by Public Employment Law Press
" Citing Matter of Freeman v Ward , 162 AD2d 127, leave to appeal denied 76 NY2d 706, the court explained that the Hearing Officer was free to credit the witnesses' testimony corroborating the child's statements, since weighing the evidence and choosing between conflicting accounts was solely within the province of the administrative agency. [read post]
3 Dec 2021, 9:49 am by Kristian Soltes
Trade Representative (USTR) Katherine Tai and company executives, including CEO Alfred Kelly. [read post]
3 Dec 2021, 9:49 am by Kristian Soltes
Trade Representative (USTR) Katherine Tai and company executives, including CEO Alfred Kelly. [read post]
15 Oct 2021, 4:00 am by Public Employment Law Press
[The Commissioner adopted the ALJ's findings and recommendation.] * In Kelly v Levin, 81 A.D.2d 1005, the Appellate Division held if a jury finds a person guilty beyond a reasonable doubt, or the charged individual enters a plea of guilty, a disciplinary hearing officer need hear no other evidence to render a verdict of guilty regarding a parallel charge in an administrative disciplinary proceeding brought against that individual. [read post]
15 Oct 2021, 4:00 am by Public Employment Law Press
[The Commissioner adopted the ALJ's findings and recommendation.] * In Kelly v Levin, 81 A.D.2d 1005, the Appellate Division held if a jury finds a person guilty beyond a reasonable doubt, or the charged individual enters a plea of guilty, a disciplinary hearing officer need hear no other evidence to render a verdict of guilty regarding a parallel charge in an administrative disciplinary proceeding brought against that individual. [read post]
7 Oct 2021, 7:00 am by Public Employment Law Press
  Citing Matter of Baloy v Kelly, 92 AD3d 521, the Appellate Division opined that the possibility of Officer obtaining administrative relief was exhausted when Officer retired without a change in his modified status. [read post]