Licensing Rules

News & Analysis as of

Supreme Court Holds State Regulatory Board Not Immune From Antitrust Laws

On February 25, 2015, the U.S. Supreme Court determined that the North Carolina State Board of Dental Examiners (“Dental Board”) is not shielded from federal antitrust law under the doctrine of state-action antitrust...more

Cuban Baseball Players Are No Longer Required to Obtain a License to Play Ball

Earlier this month, Major League Baseball eliminated a burdensome requirement that made it difficult for MLB franchises to sign Cuban nationals. Until last month, a Cuban national wanting to sign with a MLB franchise as a...more

Supreme Court Update: North Carolina Board Of Dental Examiners V. Federal Trade Commission (13-534), Kansas V. Nebraska (126,...

The robed returned to action with this week with decisions in three cases, North Carolina Board of Dental Examiners v. Federal Trade Commission (13-534), on whether state licensing boards enjoy immunity from antitrust laws...more

US Supreme Court: state agencies must be "actively supervised" to enjoy antitrust immunity – 5 tips

Do you sit on a state board or are you regulated by one? If so, the United States Supreme Court decided a case last Wednesday that directly affects you. Until recently, many assumed that a state agency or board enjoyed...more

California Amends Mortgage Originator Testing and Education Requirements

The state of California has made significant changes to the testing and education requirements for its mortgage loan originators licensed under the California Finance Lenders Law and the California Residential Mortgage...more

FAA Proposes Generally Favorable Rules for Unmanned Aircraft; Seeks Comment on Need for Flexibility and MicroUAS Rules

On February 15, 2015, the Federal Aviation Administration (FAA) released its long-awaited notice of proposed rulemaking (NPRM) for small unmanned aircraft weighing up to 55 lbs. The proposed rule would create a new Part 107...more

Montana Amends Mortgage Licensing Requirements

On February 17, Governor Steve Bullock of Montana signed S.B. 98 into law, which amends the Montana Mortgage Act to clarify licensing requirements. Among other things, the revised Montana Mortgage Act (i) modifies education...more

FAA Releases Proposed Rules for Commercial Drones; White House Launches Drone Privacy Policy

On February 15, 2015, the Federal Aviation Administration published its highly anticipated Notice of Proposed Rulemaking (NPRM) on the Operation and Certification of Small Unmanned Aircraft Systems (applicable to UAS weighing...more

Drone on Drones: FAA’s Proposed Rules Would Allow for Expanded Use

The FAA unveiled its proposed rules for unmanned aerial vehicles earlier this week, beginning a process that could eventually allow for thousands of businesses to fly drones. At the same time, the White House issued a...more

Cleared for Takeoff? Feds Release Proposed Regulations for Unmanned Aircraft Systems

On February 15, 2015, the federal government unveiled two key documents concerning the future of Unmanned Aircraft Systems (UAS)—sometimes referred to as “drones”—in the United States. The FAA released a highly anticipated...more

FAA Unveils Proposal for Regulating Commercial Drones

On February 15, the FAA released its long-awaited proposed framework for regulating small-scale commercial drones. The proposed rules, which the FAA calls a “framework of regulations” include the following relevant...more

FAA Takes One Small Step Toward Legalizing Commercial Use of Small Unmanned Aircraft Systems, a.k.a Drones

The Federal Aviation Administration (FAA) has long been studying the promise and perils of small unmanned aircraft systems (“UAS”), a.k.a drones. The commercial potential of UAS technology is clear. Businesses are eager to...more

Drone Propellers Aren't the Only Things Buzzing as the FAA Releases Proposed Regulations for the Commercial Operation of Unmanned...

In a surprise move during Presidents’ Day weekend, the Federal Aviation Administration released long-awaited proposed regulations for the commercial operation of Unmanned Aerial Systems (UAS). The draft regulations prompted a...more

Alert: Proposed FAA Small "Drone" Rules Provide Some New Flexibility but Retain Significant Restrictions on Unmanned Aircraft

Over Presidents' Day weekend, the Federal Aviation Administration ("FAA") released its long-anticipated proposed rules for commercial use of small unmanned aerial systems ("UAS") or drones. ...more

New, Clarified FAA Rules Benefit both Makers and Users of Small ‘Drones'

Newly proposed rules on the use of small, unmanned drones could bring peace of mind to farmers, researchers, real estate agents, government agencies and others who have worried they might be breaking the law by flying...more

Florida May Create New License for Structural Engineers

New legislation may soon create a separate structural engineering license in the State of Florida. The move toward structural licensure is well underway due to House Bill 217 and Senate Bill 338. Under the proposed...more

Significant changes to the EU regime governing the export of dual use goods from the UK and other EU member states

The EU Dual Use Regulation (Regulation (EC) 428/2009) (the "Dual Use Regulation") governs the export of a range of 'dual use' goods and associated technology from the UK and other EU Member States. Dual use goods are those...more

NYDFS Changes to Proposed BitLicense Regulations

The New York State Department of Financial Services (“NYDFS”) released its revised proposed BitLicense regulations on February 4, 2015. Changes from NYDFS’ initial proposed regulations are listed below. Among the more...more

Think of the Children - Child Performance Licensing

From Maisie Williams’ and Isaac Hempstead-Wright’s integral parts in Game of Thrones, to Quvenzhané Wallis’ star turn in Beasts of the Southern Wild (for which she earned the youngest Best Actress Oscar nomination on record),...more

No False Claim Despite Violation of Licensing Law and Medicare Conditions of Participation

Last week a federal court in Florida granted a radiology practice’s motion for judgment in its favor in a False Claims Act case, despite these formidable obstacles: (1) the practice had billed Medicare for services performed...more

Ober|Kaler Construction Attorneys Author Maryland Section of 50-State Survey of Licensure Requirements for Architectural and...

Joseph C. Kovars and Christopher C. Dahl of Ober|Kaler's Construction Group recently authored the Maryland section of a 50-state survey of licensure requirements for architectural and engineering firms. The survey has been...more

NH House Introduces Bill to Exempt Certain Users of VC From The Money Transmitter Licensing Requirements

On January 8, 2015, New Hampshire House Bill 356 was introduced, proposing to exempt persons using private virtual currencies for internet commerce from the licensing requirements for money transmitters. H.B. 356 would define...more

Michigan Exempts Loss Mitigation Specialists from MLO Licensing

Michigan has updated its mortgage loan originator (MLO) licensing provisions to expressly exempt from licensure certain individuals involved in loss mitigation and modification services. The revision makes Michigan law...more

Virtual Currency, Real Risks

CSBS publishes Draft Model Regulatory Framework to promote consistent state regulation of virtual currency activities and protect consumers in the event of a breach. In March 2014, “Mt. Gox,” one of the largest and best-known...more

Licensing Boards Can Fine You – Even If They Can’t Find You

It the fast-paced world of health care, it is easy to forget the simple things – like notifying your state licensing board about address changes. It seems trivial, but there may be consequences for a physician who fails to...more

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