Administrative Hearings

News & Analysis as of

Nevada Workers Compensation: Hearings and Appeals Overview [Video]

Nevada workers compensation law attorney, Virginia Hunt, gives you an overview of the hearing and appeals process. Related links: Appeals - Virginia's...more

Money Manager Sues SEC to Stop Administrative Action in $1.5 Billion CDO Case

A money manager and his firm recently sued the Securities and Exchange Commission claiming that the agency violated their constitutional rights by bringing an administrative proceeding for securities claims in connection with...more

Commissioners’ Top 10: Inside tips about hearings

At the SCWCEA 35th Annual Medical Seminar, the South Carolina Workers’ Compensation Commissioners had an opportunity to share their top ten hearing requests and tips with attendees. Here are a few that may be of use to...more

OMHA Holds Medicare Appellant Forum

On February 12, 2014, the Office of Medicare Hearings and Appeals (OMHA) held a “Medicare Appellant Forum” in Washington, DC. The event was well-attended, with 300 people signed up to be present in-person, and 500 who signed...more

The CA Supreme Court Issues a Confusing Opinion on the Question of Whether Employees can be forced to Arbitrate Unpaid Wage Claims...

We have written regularly regarding the enforceability of arbitration clauses contained in standard employment agreements. Understandably, most employers would love to avoid the uncertainty of appearing before a judge or jury...more

Hearings and Appeals Statistics for 2012

If you are wondering how often the hearings or appeals officer rule in favor of insurers or injured workers, here are a few statistics from the Department of Administration Hearings Division that may give you a rough idea. ...more

Governor Vetoes AB 375

On October 10, 2013, Governor Brown vetoed Assembly Bill 375. AB 375 had proposed to "streamline" the certificated dismissal process, but would have imposed significant burdens on districts that potentially would have made...more

Education Update, No. 4, October 2013: Big Little Man On Campus: Protecting Minors At Colleges And Universities

Hazing, underage drinking, and campus noise violations. These are all issues that most colleges and universities are very familiar with. Policies, procedures, and response protocols have been developed, tried, and tested...more

BB&K Police Bulletin: Employment Termination - Public Record of Prior Termination Admissible to Show Security Guard’s Fraud

Overview: A California appellate court recently ruled that an administrative law judge and the State Personnel Board erred in excluding evidence of an employee’s prior dismissal from the Los Angeles County Sheriff’s...more

Legislature Passes Education Legislation Higher Education Workweek of School Police Departments, Confidentiality of Student...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws are effective January 1, 2014, unless otherwise stated....more

Ways And Means Conducts Hearing On Trade With Brazil

Following Vice President Biden's trip to Brazil in May 2013, U.S.-Brazilian trade relations were discussed at a Ways and Means Trade Subcommittee hearing on June 12, 2013. At that hearing, Chairman Devin Nunes declared his...more

Three Thoughts about Steve Cohen’s Failure-to-Supervise Case

Stanley Sporkin — former SEC Enforcement Director, CIA general counsel, and federal judge – likes to say that an SEC staff attorney ought to be just as happy closing an investigation as one is bringing a public enforcement...more

Labor Board Affirms Ruling that Employer Confidentiality Provision Violates NLRA

On June 21, 2013, The National Labor Relations Board (NLRB) issued an order affirming and modifying an earlier decision by an administrative law judge that invalidated the confidentiality provision in an employer’s employment...more

CFPB Announces Debt Collection Field Hearing

On June 26, the CFPB announced that its next field hearing will focus on debt collection and will be held in Portland, Maine on July 10, 2013....more

No Punitive Damages Awards by Human Rights Commission, Illinois Supreme Court Rules

Late last week, in a unanimous opinion by Justice Rita Garman, the Illinois Supreme Court held that the Cook County Commission on Human Rights lacks any authority to award punitive damages. ...more

Health Care Reform Update -- May 20th, 2013

In This Issue: Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups...more

Introduction to the Ontario Municipal Board

The Ontario Municipal Board (“OMB”) is an independent tribunal established through provincial legislation that conducts hearings and makes decisions on matters that have been appealed to the Board. The OMB operates under the...more

Employer Alleges “Inherently Conflicted and Irreparably Unfair Proceedings” at CHRO; Seeks Injunction

A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on...more

Civil Action Challenging Termination Is Barred When Administrative Hearing Is Sufficiently Quasi-Judicial In Nature

In Basurto v. Imperial Irrigation District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., November 8, 2012), a California court of appeal considered whether an employee terminated by a public irrigation district could seek civil...more

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