News & Analysis as of

Due Process Administrative Hearings

Standard Of Review Is Clear For Administrative Interpretations Of Statutes And Rules

by Allen Matkins on

A few days ago, I noted the Court of Appeal’s opinion in Davis Test Only Smog Testing v. Dept. of Consumer Affairs, 2017 Cal. App. LEXIS 855. That post concerned the Court’s holding that the plaintiffs’ due process rights...more

Due Process, Fairness: SEC Administrative Enforcement Actions

by Dorsey & Whitney LLP on

The Commission’s increased use of administrative proceedings as the venue of choice for enforcement actions sparked a series of suits challenging the practice. The challenges have been largely unsuccessful, although they may...more

Connecticut State Department of Education Releases Lists of Due Process Hearing Officer and Mediators and New Process for...

by Shipman & Goodwin LLP on

After an extensive interview and hiring process, the Connecticut State Department of Education (“CSDE”), Bureau of Special Education, released last week the list of new mediators and current due process hearing officers. The...more

Arizona Supreme Court Clarifies Due Process Rights in Administrative Hearings

by Ballard Spahr LLP on

The due process clause of the 14th Amendment to the U.S. Constitution does not allow "the same person to serve as an accuser, advocate, and final decisionmaker in agency adjudication," the Arizona Supreme Court has ruled in...more

N.C. Court of Appeals Affirms Local Government Board's Recusal of One of Its Own Members In Quasi-Judicial Proceeding

A quasi-judicial land use proceeding requires an impartial decisionmaker, like any courtroom proceeding. State law does its best to spell out what constitutes an "impermissible violation[] of due process"...more

Court sets aside portions of Oklahoma's new workers' comp law

by McAfee & Taft on

It has been just over two years since Oklahoma’s completely overhauled workers’ compensation system went into effect. Since then, various provisions have come under attack by employees. Shortly after the effective date, the...more

CAS Legal Mailbag Question of the Week

by Shipman & Goodwin LLP on

As a high school administrator, from time to time I have to attend expulsion hearings. It is an unpleasant but necessary part of my job, and most hearings run smoothly because the student admits to his or her misconduct....more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

The SEC’s apparent preference for administrative proceedings as a venue for its enforcement actions continues to draw criticism. H.R. 3798 is now pending in the House of Representatives. The bill is tilted the “Due Process...more

DC Circuit: No Jurisdiction For Suits Re SEC Forum Selection Choice

by Dorsey & Whitney LLP on

Suits challenging the SEC’s forum selection decisions continue to proliferate. As the trend has unfolded the Commission posted a memo on its website discussing the issue of forum selection and has proposed modifications to...more

Court Finds SEC Administrative Proceeding Constitutional

Section 929P(a) of the Dodd-Frank Act provides that the SEC’s authority in administrative penalty proceedings is “coextensive” with its authority to seek penalties in federal court. The plaintiff in Bebo v SEC argued the...more

This Week In Securities Litigation

by Dorsey & Whitney LLP on

FCPA enforcement was the focus this first week of the new year. The DOJ brought FCPA and Travel Act charges against an individual alleged to have repeatedly bribed an official of the European Bank of Reconstruction and...more

SEC Use of Administrative Proceedings Challenged Again

by Dorsey & Whitney LLP on

The SEC was granted authority in the Dodd-Frank Act to initiate administrative proceedings against non-regulated persons. In those proceedings the full range of remedies are available – a cease-and-desist order, disgorgement,...more

There’s No Place Like Home: SEC Increasingly Uses Administrative Proceedings

by Morgan Lewis on

Stung by adverse court rulings in some of its enforcement cases, the SEC is bringing more of those cases in its own forum—an SEC administrative proceeding. ...more

Another Constitutional Challenge to SEC Administrative Forum

by Burr & Forman on

The drumbeats of discontent grow louder against the SEC’s more frequent use of its internal administrative forum for enforcement cases. I wrote about the current spate of Constitutional challenges to the agency’s forum in an...more

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

by Pullman & Comley, LLC on

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

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