TELECOM: 760 area code split nixed in proposed decision Sep 17, 2008
A planned split of the 760 area code that would have placed North County into a new area code would be canceled under a proposed decision issued Tuesday by an administrative law judge ... Bushey, the administrative law judge, presided over both hearings, joined by Simon. (North County Times)
Judge Rules Against Area Code Change Sep 17, 2008
SAN DIEGO -- A proposal to change North County area codes is one step closer to being scrapped, now that an administrative law judge has ruled against it. Judge Maribeth Bushey of the California Public Utilities Commission ruled that the group should allow existing numbers to remain and assign new area codes as new numbers come into service, The North County Times reported. (TheSanDiegoChannel.com, CA)
"For these companies the penalties are pocket change" Sep 17, 2008
" OSHA investigated the death and in September 1991 proposed a $2.78 million fine on the company for 57 violations, mostly regarding so-called lockout/tagout rules that require companies to shut down equipment and ensure the machinery can't turn back on while workers are doing maintenance. The case was so egregious, the Department of Labor also referred it to the Department of Justice for criminal prosecution, said Terry Goltz Greenberg, a Labor Department lawyer from 1988 to 1995. The Justice... (Salon)
765,000 Americans Wait For Social Security Benefits Sep 16, 2008
E-Mail News Alerts Get breaking news and daily headlines. Omaha Attorney Says People Die Waiting. (7 KETV Omaha)
San Andreas bar faces suspension Sep 16, 2008
The state agency sought a 10-day suspension of the Red Brick's liquor license in an administrative law hearing ... The owner petitioned for a hearing in order to speak his piece; now it's before an administrative law judge, Carr said ... Both arguments were heard and, Now it's up to an administrative law judge to make a decision, Carr said. (San Andreas Calaveras Enterprise, CA)
Early Learning ratings: Cheers for ruling Sep 16, 2008
That is the reaction to the ruling by an administrative law judge that the rating system used by the Early Learning Coalition of Duval is not part of a state-mandated system ... As Lisa Shearer Nelson, the administrative law judge, wrote in her opinion, "No right has been adversely affected" by the quality rating system. (Florida Times-Union)
$54 Million Pants Case Set for Appeal Sep 13, 2008
Pearson has accused the District government of breaking the law when it decided not to reappoint him last year to a 10-year term as an administrative law judge. That position pays $100,000 a year. (Law.com)
ITC investigating Freescale complaint against LSI Sep 13, 2008
The case will next be assigned to one of the ITC's five administrative law judges, who will who will schedule and hold an evidentiary hearing, then make an initial determination as to whether there is a violation. That initial determination is subject to review by the full ITC.. (EETimes)
Financial Services Chairman Moves to Protect Financial Service Industry and Clarify Lawful Internet Gambling Activities Sep 12, 2008
today introduced the Payments System Protection Act of 2008, which would direct the Department of the Treasury and Federal Reserve System, in consultation with the Attorney General, to create a formal process to define what types of online gambling are unlawful to make it possible for the U.S. financial services industry to comply with the current ban on Internet gambling, as required by the Internet Gambling Enforcement Act of 2006, or UIGEA. In response to concerns raised by the financial... (PR Newswire)
The $54 Million Pants Lawsuit That Never Goes Away Sep 12, 2008
Yesterday, ABC News 7 here in Washington D.C. that former D.C. Administrative Law Judge Roy Pearson has been granted a chance to revive his $54 million lawsuit against a local drycleaner for misplacing his pair of slacks. The suit against Custom Cleaners, which generated international media attention, seemed finally put to rest last summer with a ruling against Pearson, clearing the reputations of Jin and Soo Chung, the owners of the small dry cleaning business. (Townhall.com)
Infamous "Pants" Lawsuit Heading To Appeals C... Sep 12, 2008
The D.C. Court of Appeals has agreed to hear the case first brought against Custom Cleaners more than three years ago by administrative law judge Roy Pearson. Pearson sued the mom-and-pop business for $67 million in 2005 after the cleaners misplaced a pair of his trousers. (W-USA News, DC)
Xcel-backed power project creates controversy with environmental groups Sep 11, 2008
Hearings are currently being held, with an administrative law judge reviewing evidence. The judge will submit a review to the Minnesota Public Utilities Commission to determine if the project is needed. (Twin Cities Business Journal, MN)
PSC case heads to high court Sep 11, 2008
Handel's disqualification decision reversed an administrative law judge's advisory opinion in favor of Powell. Powell, a Democrat, claims partisan politics influenced Handel, a Republican, to disqualify him - a charge Handel denies. (Athens Banner-Herald)
Ag-Mart workers testify Sep 11, 2008
DECEMBER 2006: Administrative Law Judge Beryl E. Wade recommends that the state throw out about two-thirds of the violations against Ag-Mart, including all the most serious cases of employee pesticide exposure, because they are based on documents that failed to prove the case. OCTOBER 2007: Administrative Law Judge Joe L. Webster recommends that the state throw out all but 17 of the remaining violations against Ag-Mart and fine the company no more than $6,000, saying the state did not prove its... (News & Observer)
Lobbying, ethics probe must be kept mum Sep 10, 2008
First, the article repeats a mistake made by several "good government" groups who believed the Commission on Public Integrity was adopting a rule "regarding holding closed sessions on adjudicatory proceedings," which often involve witness testimony before an administrative law judge. In fact, the commission's rule was, and is, to conduct open adjudicatory proceedings, not to close them. (Albany Times Union)
Off the Record: Michigan unfriendly to business Sep 10, 2008
The State Office of Administrative Hearings and Rules/Division of Unemployment Appeals set a July 30 hearing date in Saginaw in front of an administrative law judge. The hearing notice mentioned that theft may apply as well as misconduct. (Gaylord Herald Times, MI)
How other states fixed schools Sep 9, 2008
An administrative law judge recommended their removal after more than 40 hours of testimony and reviewing thousands of records. Perdue s decision reduced the Clayton board to three members, all of whom were newly elected this summer and all of whom should know better than to follow the example of their disgraced predecessors. (Atlanta Journal-Constitution -- Opinion)
OSHA Proposes Penalties Against Hi-Tek Rations Sep 6, 2008
If Hi-Tek officials decide to dispute OSHA s claims, both sides will present their cases before the Occupational Safety and Health Review Commission, an independent body which utilizes an administrative law judge to settle disputes. OHSA identifies four types of violations. (Dublin Courier Herald, GA)
Lawmaker challenges new Children's Hospital Sep 4, 2008
SHPDA Director Alva Lambert said only a health care facility within the market of a proposed project can request a hearing before an administrative law judge. Children s wants to add more than 700,000 square feet to replace outdated space at its Seventh Avenue South campus. (Birmingham Business Journal, AL)
French sworn in as chief justice Sep 1, 2008
The West Australian, who is renowned for his expertise in constitutional law, administrative law and native title, made special reference to the importance of reconciliation with indigenous people. Recognition of their presence is no mere platitude, he said. (The Australian)
Witnesses line up for St. Johns River's hearing Sep 1, 2008
Jim King, University of North Florida President John Delaney and the editor of the Jacksonville Business Journal are among 176 people the St. Johns Riverkeeper group identified last week as witnesses for an October hearing in front of an administrative law judge in Sanford. Business leaders, writers, artists, lawyers and leaders of community groups such as the Greater Arlington Civic Council also are on the list, which was filed last week with the state's Division of Administrative Hearings. (Florida Times-Union)
PSC staff opposes AmerenUEs $251M requested rate hike Aug 30, 2008
Three administrative law judges recommended to the Illinois Commerce Commission to raise rates by $163. 5 million. (St. Louis Business Journal, MO)
Yellowstone Club Divorcee Entangled in Terrorist Software Suits Using FBI Aug 30, 2008
Trepp's violations were egregious, recurring and intentional,'' Administrative Law Judge Carol Fox Foelak in 1997. Even so, she dismissed the case, saying the SEC had waited too long to file it and that Trepp had done nothing else wrong in the interim. (Bloomberg)
Court upholds ITC patent ruling against Linear Tech Aug 30, 2008
An ITC administrative law judge previously ruled that the second Linear patent (U.S. patent No. 6,580,258) is valid and infringed by certain AnalogicTech products, Linear said. The ITC judge ordered those products excluded from importation into the U.S., the company said. (EETimes)
Voters, not secretary of state, should decide PSC election Aug 29, 2008
The arguments and evidence were heard by an administrative law judge, who ruled in Powell s favor. Powell bought a house in Hiawassee in 2006 and spends most of his time in the district. (Atlanta Journal-Constitution -- Opinion)
15 jobs that pay $70,000 per year Aug 29, 2008
Administrative law judges, adjudicators, and hearing officer Annual median income: $74,170 Projected employment in 2016: 15,000 Increase between 2006 and 2016: 0 percent. Administrative services manager Annual median income: $75,083 Projected employment in 2016: 276,000 Increase between 2006 and 2016: 12 percent. (CNN -- US)
Shoddy lawyering Aug 29, 2008
State Administrative Law Judge Thomas Allen ruled this week that Sanders and the City Council made a huge mistake when they followed Aguirre's legal advice on how to proceed with managed competition. Indeed, the judge found that the city violated its own rules when it refused to grant an impasse hearing to two municipal unions, the American Federation of State, County and Municipal Employees Local 127, which represents blue-collar workers, and the Municipal Employees Association, which... (San Diego Union-Tribune -- Opinion)
Brookwood's ER planned for U.S. 280 faces opposition Aug 29, 2008
An administrative law judge will hear testimony before making a recommendation to the Certificate of Need Review Board. A Certificate of Need is required when health care providers seek to add services, add beds or construct a new facility. (Birmingham Business Journal, AL)
Appellate court: Provena must pay taxes Aug 28, 2008
An administrative law judge later sided with the hospital. The Department of Revenue rejected that recommendation, which it can do, leading to the appellate court case. (Crain's Chicago Business)
More rate increases on horizon for BVES Aug 28, 2008
The date for the hearing is set by the administrative law judge. Contact reporter Judi Bowers at 909-866-3456, ext. (Big Bear Grizzly, CA)
San Onofre beach nudity crackdown delayed Aug 28, 2008
The judge said the proposed change in regulations must be processed through the state Office of Administrative Law. The state Department of Parks & Recreation also may be required to hold a public hearing. (San Diego Union-Tribune)
Mich. governor may oust Detroit mayor Aug 27, 2008
Granholm will be assisted by Gregory Holiday, a state administrative law judge. It's unclear whether Kilpatrick, 38, will testify. (Boston Globe)
3 finally cleared for disability Aug 27, 2008
Social Security granted the people profiled in the AJC on-the-record decisions, meaning that their cases were so compelling that they did not have to appear before an administrative law judge ... If they appeal the decision and get turned down again nine of 10 who appeal do they can ask for a hearing before an administrative law judge ... He also has assigned seven new administrative law judges to the downtown office and 10 employees to the North Atlanta office to screen for cases that can be... (Atlanta Journal-Constitution)
Research Supports Medicinal Marijuana Aug 27, 2008
In an 87-page opinion, administrative law judge Mary Ellen Bittner ruled that it "would be in the public interest" to allow a University of Massachusetts researcher to cultivate marijuana under contract to the Multidisciplinary Association for Psychedelic Studies (MAPS), which sponsors medical research on marijuana and other drugs. The DEA is not obligated to follow the advice of its law judges, but the detailed decision should make it difficult for the agency to balk, said MAPS President Rick... (Yahoo News -- Medical Marijuana)
SiRF, ITC file appeals in Broadcom ruling Aug 27, 2008
-- SiRF Technology Holdings Inc. and the staff of the U.S. International Trade Commission (ITC) have independently filed appeals with the ITC Administrative Law Judge's (ALJ) initial ruling this week. In that stunning ruling, the ALJ said that certain SiRF products infringed upon GPS patents held by Global Locate Inc., a subsidiary of Broadcom Corp. (Irvine, Calif. (EETimes)
Alba injection well controversy; opponents challenge state permit Aug 27, 2008
Their Aug. 7 application came six days after a state administrative law judge concluded they weren t entitled to an administrative appeal process. It s an appeal of the permit, and it s a separate appeal of the administrative law judge s ruling, said Susan Topp, attorney for the well opponents. (Gaylord Herald Times, MI)
Mich. Governor to Decide Fate of Detroit Mayor Aug 27, 2008
Granholm will be assisted by Gregory Holiday, a state administrative law judge. McPhail called the council's petition "factually inadequate and politically motivated." But the council's attorney, William Goodman, said failing to act now would condone corrupt behavior by public officials. (Newsmax)
Letters from readers Aug 27, 2008
While the district staff recommended approval of 484,000 gallons a day, with limiting conditions, the issue will be first heard by an administrative law judge with the Florida Division of Administrative Hearings. The judge will conduct a formal hearing on the permit application and make a recommendation to the board. (Florida Times-Union)
ITC Judge Recommends Halt to Importation of All Products Containing SiRF GPS Chips That Infringe Broadcom(R) Patents Aug 26, 2008
WASHINGTON, Aug. 25 /PRNewswire-FirstCall/ -- Broadcom Corporation (Nasdaq: ), a global leader in semiconductors for wired and wireless communications, today announced that an Administrative Law Judge (ALJ) has recommended that the U.S. International Trade Commission (ITC) bar from importation into the U.S. infringing chips of SiRF Technology Holdings, Inc. (Nasdaq: ), and all downstream products that incorporate those chips ... The recommended remedy determination of ITC Administrative Law... (PR Newswire)
Jindal rushing to fill ethics board Aug 26, 2008
Nine board members resigned in June amid complaints that their power to decide whether ethics violations have occured was being transferred to administrative law judges. (Copyright 2008 by The Associated Press. (WWLTV.com, LA)
Judge urges ban on importation of SiRF GPS chips Aug 26, 2008
SAN FRANCISO A U.S. International Trade Commission (ITC) administrative law judge has recommended that the ITC bar the importation into the U.S. of chips from SiRF Technology Holdings Inc. that infringe on patents held by a Broadcom Corp. subsidiary, according to a statement issued by (Irvine, Calif. Monday (Aug. (EETimes)
Ethics board nominees sent to governor Aug 25, 2008
Members resigned in June amid complaints that their roles in judging ethics cases have been transferred to administrative law judges. Copyright 2008 The Associated Press. (KSLA.com, LA)
Three nominated to ethics board Aug 24, 2008
The Ethics Board is responsible for conducting investigations in ethics cases presented, and it is then up to an administrative law judge to decide if a violation has occurred. The nine vacancies came after members complained that a new law reduces the board s responsibilities. (New Iberia, LA)
Settlement reached in Peco rate case; bills to go up Aug 23, 2008
The settlement will be reviewed by an administrative law judge, who will provide an opinion to the PUC. Peco expects any new rate approved by the agency to take effect by the start of next year. Peco is a subsidiary of Chicago-based (NYSE:EXC). (Philadelphia Business Journal, PA)
Energy East payouts possible Aug 23, 2008
Rafael Epstein, an administrative law judge who has overseen the case, told Curry there was no set date for Iberdrola to assume management of Energy East's subsidiaries in New York, which include New York State Electric nd Rochester Gas ric. "They attach substantial value to the on-the-ground experience of local management," Epstein said. (Albany Times Union)
Judge rules Powell eligible to appear on PSC ballot Aug 23, 2008
An administrative law judge dismissed the issue in early July. But the Thursday before the July 15 primary, Handel overruled that decision and ordered Powell off the ballot. (Atlanta Journal-Constitution -- Business)
State lawmaker: More minority businesses needed in Children's Hospital project Aug 23, 2008
SHPDA Director Alva Lambert said Friday only a health care facility within the market of a proposed project can request a hearing before an administrative law judge. Moore said she will go to a yet-undetermined plan B to schedule a meeting with Children s officials. (Birmingham Business Journal, AL)
PSC candidate wins challenge Aug 22, 2008
Her decision reversed an administrative law judge's advisory opinion Powell did meet residency requirements for candidacy. Handel has yet to decide whether to appeal Shoob's ruling, Deputy Secretary of State Rob Simms said. (Athens Banner-Herald)
Fixed-rate mortgages decrease slightly Aug 22, 2008
The chief administrative law judge for the California Public Utilities Commission has assigned a second judge to oversee San Diego Gas & Electric's application to build the Sunrise Powerlink. The action co-assigns Administrative Law Judge Jean Vieth to the case ... Administrative Law Judge Steven Weissman, who was assigned to review SDG&E's application, has joined the faculty of UC Berkeley's Boalt School of Law and will be teaching a class this fall in renewable energy and alternative fuels. (San Diego Union-Tribune -- Business)
Making progress against the backlog Aug 21, 2008
We have taken a big step toward resolving that problem by bringing onboard 175 additional administrative law judges and additional staff to support them ... Hearing offices in many of the most backlogged cities, such as Atlanta, Cleveland and Detroit, received three to four times as many filings per administrative law judge as offices in southern California and New England ... Right now, our NHC administrative law judges are focusing on backlogs in Atlanta, Cleveland and Detroit. (Atlanta Journal-Constitution -- Opinion)
Social Security's clogged pipeline Aug 21, 2008
An administrative law judge, paid by Social Security, is assigned to hear each case ... The reason for the backlog is not in dispute - not enough workers to process the claims, and not enough administrative law judges to hear appeals of denials. (Atlanta Journal-Constitution -- Opinion)
State approves St. Vincent's surgery center, hospital Aug 21, 2008
Contrary to the June recommendation of an administrative law judge, the Review Board green-lighted St. Vincent s planned surgery center at its One Nineteen Health and Wellness campus. Judge James Hampton s ruling said St. Vincent s failed to establish a need for the four-operating room project or that it was financially feasible. (Birmingham Business Journal, AL)
Final decision withheld on nude beachgoers Aug 21, 2008
The suit contends that parks officials cannot unilaterally change a longtime policy without holding a public hearing and codifying the change through the state's Office of Administrative Law. Since 1979, park rangers statewide have adhered to the Cahill Policy issued by then-state parks Director Russell Cahill that instructs rangers to ignore nudity unless a member of the public complains. (San Diego Union-Tribune)
Minnesota Judge Sustains Coalition for a Democratic Workplace Television Ads Aug 20, 2008
Sec. 211B.34, before Administrative Law Judge Barbara L. Neilson at 1:00 p.m. and 3:00 p.m. on August 8, 2008, to consider complaints filed by Brian Melendez on August 1, 2008 ... Based on the record in this matter and for the reasons set out in the attached Memorandum, the Administrative Law Judge concludes that there is no probable cause to believe that Respondents violated Minn ... Sec. 211B.06 as alleged in the Complaints, and therefore the Complaints are DISMISSED. Dated: August 18, 2008... (Yahoo! Wire -- Entertainment News)
Court ruling suits nudists Aug 20, 2008
In addition, the suit said, parks officials must codify the new rules through the state's Office of Administrative Law. In her preliminary ruling, Superior Court Judge Shelia Fell sided with the naturists and ordered the state to maintain the status quo. (San Diego Union-Tribune)
Occupational Safety and Health Administration Acknowledges Dismissal of Dr. Cynthia Kuper's Complaint Against Micromem; Period for Objection Continues Aug 19, 2008
According to rule, both parties involved have 30 days from the receipt of OSHA's findings to file objections and to request a hearing before an Administrative Law Judge (ALJ). If no objections are filed, OSHA's findings will become final and not subject to court review. (PR Newswire)
Court: Caretaker likely exploited man, 90 Aug 19, 2008
She appealed, but her termination was upheld by an administrative law judge who found Smith allowed E.M. to place his hand on her thighs for the "purpose of arousing or satisfying the sexual desires of either Smith or E.M." The judge ruled the conduct amounted to dependent adult abuse by sexual exploitation under Iowa law. The case eventually wound up in the Iowa court system, and a district court upheld the decision. (Waterloo-Cedar Falls Courier)
Panel to nominate new ethics board members Aug 19, 2008
But the power to decide whether a violation has occurred moves to administrative law judges selected by an appointee of the governor. (Copyright 2008 by The Associated Press. (WWLTV.com, LA)
State fights banks choice for director Aug 18, 2008
Floridian Community Bank, in its case before an administrative law judge, said Gaines should be considered exonerated because she was not mentioned in the Federal Reserve s action against those who wanted to buy First Western. The $80 million-asset Floridian Community wants the judge to set aside the OFR s objections to putting Gaines on its board. (South Florida Business Journal, FL)
Putnam paper mill pipeline into St. Johns River a concern Aug 18, 2008
During a lawsuit in 2002, a state administrative law judge ruled that the pipeline had to be built if the equipment upgrades didn't clean the wastewater well enough. However, a number of environmental activists oppose the pipeline, and Jacksonville Mayor John Peyton has also called for changes to the pipeline plan. (Florida Times-Union)
Global Ambitions at California Law Schools Aug 16, 2008
Hastings student David Takacs, who spent the past year in London studying environmental law and policy making, said that he missed some constitutional and administrative law courses and certain Bar prep classes that students typically take in their third year. Also, London was "catastrophically expensive," he said. (Law.com)
Oppose the new transmission lines Aug 16, 2008
Those concerned about these high voltage lines can write U.S. Administrative Law Judge Beverly J. Heydinger, Office of Administrative Hearings, 600 N. Robert St., P.O. Box 64620, St. Paul, MN 55164-0620; or e-mail. Judge Heydinger will be receiving comments until Sept. 26. (La Crosse Tribune, WI)
Georgia on Their Minds Aug 16, 2008
As they rebuild the schools there, "hundreds of ambitious, idealistic young educators" are attempting to "prove to the rest of the country that an entire city of children in the demographic generally considered the hardest to educatepoor African-American kidscan achieve high levels of academic success." An article details the legal conflict over Bordeaux classification in a small French town: "a village squabble with global implications" that is "a fight over who has the authority to... (Slate)
Ameren: Gas bills likely to rise 20-30 percent Aug 15, 2008
An administrative law judge involved in the process has recommended that the utilities get 163. 5 million instead, while the regulators themselves the Illinois Commerce Commission must make their final ruling by Sept. 30. (Mattoon Journal-Gazette, IL)
Nobody around to enforce Jindal ethics laws Aug 15, 2008
He and other board members complained that the task of deciding whether an ethics violation occurred is being handed over to administrative law judges, who will be selected by an appointee of the governor. The board would be reduced to an investigative body. (Nola.com -- Sports)
