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23 Jun 2019, 5:51 pm
Court of Appeals, which vacated the Tax Court’s opinion and remanded it back for a ruling in an opinion at Romano-Murphy v. [read post]
24 Nov 2008, 11:50 am
If, in the matter discussed in the post to which I have linked above, the original ALJ could change her earlier orders, then so can a successor ALJ unless some authority says otherwise.EMMNYPPL comment: G&G Shops, Inc. v NYC Loft Board, [New York State Supreme Court's decision not officially reported] is a case in which the substitution of a hearing officer during an administrative proceeding was considered.The initial hearing officer… [read post]
18 Nov 2019, 10:31 am by Dennis Crouch
  Currently PTAB Judges (Administrative Patent Judges) are treated as inferior officers by statute — appointed by the Secretary of Commerce. [read post]
18 Jul 2011, 9:18 am
Category: Recent Decisions;Administrative Appeals Opinions Body: Here is today's Administrative Appeal Appellate Court opinion:   AC32001 - Family Garage, Inc. v. [read post]
6 Oct 2009, 10:18 am
LEWIS AND CLARK COUNTY BOARD OF COUNTY COMMISSIONERS, DEPUTY COUNTY ATTORNEY, PAUL STAHL, and CHIEF ADMINISTRATIVE OFFICER, RON ALLES, Defendants and Appellees. [read post]
21 Jun 2018, 10:54 am by Ronald Mann
It may be years before the implications of the Supreme Court’s opinion this morning in Lucia v. [read post]
27 Jun 2018, 12:00 pm by Daily Record Staff
Court of Special Appeals Administrative Law, Law Enforcement Officers Bill of Rights: In a disciplinary hearing against a Baltimore Police Department (“BPD”) officer, the hearing board did not err in denying the officer’s request for a hearing board composed of non-BPD officers because, by contrast to the case Sewell v. [read post]
19 Jun 2012, 3:00 am
The Appellate Division, citing Jones v Filkins, 238 AD2d 954, said that the removal of an official from office pursuant to Public Officers Law §36 "generally will not be granted absent allegations of self-dealing, corrupt activities, conflict of interest, moral turpitude, intentional wrongdoing or violation of a public trust[,]” while allegations of  “minor neglect of duties, administrative oversights, or violations of law do not, in… [read post]
23 Feb 2016, 2:00 am by The Public Employment Law Press
Conceding that Tamsen presented “evidence to the contrary,” the court explained that a hearing officer is entitled to weigh the parties' conflicting evidence and to assess the credibility of witnesses and courts may not weigh the evidence or reject a hearing officer’s decision in that regard “where the evidence is conflicting and room for a choice exists. [read post]
16 Dec 2010, 1:12 am
Section 207-c administrative hearingsDoolittle v Broome County, 276 AD2d 863The Doolittle case involves a relatively unique issue: a hearing officer conducting a Section 207-c hearing* deciding the duration of a workplace stress situation that the employee claimed was the cause of her work-connected disability.Rita Doolittle, a Broome County correction officer, claimed that she had suffered a disability as a result of work-related stress. [read post]