Because the notice of abatement of nuisance was properly served by city and because plaintiff did not timely file an administrative appeal thereafter, plaintiff did not exhaust his available administrative remedy and was barred from suing in court to challenge the abatement order. Read More
A licensee of an administrative agency may not short-cut the administrative process by filing a court action seeking declaratory relief interpreting the relevant statutes before administrative disciplinary proceedings have been completed. Read More
The 30-day deadline for an employer to petition for administrative mandamus runs from entry of the OSHA Appeals Board’s order denying reconsideration, not from the employer’s receipt of the order. Read More
Substantial evidence supported finding by the university that a student had cheated on a biology exam, and since this determination was moreover made by a fair procedure, the trial court incorrectly granted the student’s administrative mandamus petition. Read More
Plaintiff, a property owner, had additional administrative remedies he could exhaust after the city changed an ordinance that had previously kept him from getting a building permit. Read More
Plaintiff is estopped from arguing defendant waived untimeliness of her government claim because she misrepresented in the claim when she learned of her claim, making it seem timely when it was not. Read More
The petitioner for a writ of administrative mandamus was correctly charged half the cost of the defendant agency’s preparation of the administrative record since petitioner had unreasonably delayed in preparing the record itself. Read More
Administrative law judge’s decision finding cause for community college employee’s termination collaterally estopped employee’s later suit for discrimination, insofar as that suit sought to challenge ALJ’s finding that employer had a non-discriminatory reason for the termination. Read More
The Securities & Exchange Commission’s administrative law judges are “Officers of the United States” and so must be appointed by the commissioners, not their staff. Read More
When an administrative agency makes its decision immediately effective, the 30-day limit for petitioning for court review is not tolled by a motion for reconsideration. Read More
