Registered Nurse with a blood alcohol of .16 lost control of a car on the freeway, was convicted of a misdemeanor and placed on three years probation. The Board of Registered Nursing revoked the R.N.’s license to practice nursing, but stayed revocation subject to three years probation. The R.N. convinced the superior court the Board committed […]
Plaintiff Failed To Engage In Interactive Process Required By FEHA.
A Department General Order requires that when a police officer returns to full duty after a period of temporary duty, the officer must be able to perform the essential functions of the full duty police officer position. Here plaintiff started as a police officer in 1981 until 2005 when he suffered a severe heart attack […]
Private Attorney General Fees May Be Recovered When Incurred In An Administrative Proceeding.
If certain specified conditions are met, Code of Civil Procedure section 1021.5 provides for an award of attorney fees “in an action which has resulted in the enforcement of an important right affecting the public interest.” In Edna Valley Watch v. County of San Luis Obispo (Cal. App. Second Dist., Div. 6; August 2, 2011) […]
Collateral Estoppel/Res Judicata/Waiver Applied When Previous Proceeding Was Administrative.
31-year employee of a water district who delivered water to farmers was involved in an on-duty vehicular accident while driving a district truck. The police report on the accident indicated the employee had consumed alcohol the previous evening. A field sobriety test was performed and police determined he still had alcohol in his system with […]
No Medical Evidence Supports Denial Of Benefits By Railroad Retirement Board.
The United States Railroad Retirement Board denied an application for benefits under the Railroad Retirement Act [45 U.S.C. §231a] which provides an annuity for disabled children of railroad workers. To qualify for benefits, the child must have been disabled prior to the age of 22 and remained continuously disabled through the time of the application […]
Real Estate Commissioner Looked At Man’s Prior Crime Rather Than Whether He Had Rehabilitated Himself When Broker’s License Was Denied.
A man who had been previously convicted of a misdemeanor, and who completed his probation and had his conviction expunged under Penal Code § 1203.4, applied for a real estate broker’s license. A commissioner of the Department of Real Estate denied the man’s application based on the “dishonest nature” of his prior conviction for theft […]
Those Running For Judicial Office Beware!
Judge was publicly admonished for violating the Political Reform Act [Government Code §§81000-91014.] when he ran for judicial office in 2008. At that time, he was an attorney-candidate. An audit of the judge’s campaign committee by the Fair Political Practices Commission revealed violations of the Act. There was no evidence of any intent to conceal […]
Nurse Loses License And Files Petition Too Late.
Registered Nurse lost her license and challenged the decision in a petition for writ of administrative mandate under CCP §1094.5. The Board of Registered Nursing demurred, and the trial court dismissed because the petition was untimely. On appeal, the nurse contends she did not learn of the revocation until after the period for filing the […]
Revocation Of Chiropractor’s License Upheld.
Superior court denied a petition for writ of administrative mandate brought by a chiropractor who contended the State Board of Chiropractic Examiner’s decision to revoke her license was not supported by the evidence, and that she was denied a fair hearing. The chiropractor was convicted of seven misdemeanor violations of presentation of fraudulent claims for […]