Agency can’t appeal decisions concerning sufficiency of evidence
An Ohio court dismissed an appeal of the state’s Department of Education April 29, holding that the department lacked [...]
Discipline
Licensee can be barred from contesting issues litigated earlier
The state’s plumbing board could prevent a licensee from re-litigating factual issues already determined by a different [...]
Investigation was not retaliatory and suit filed too late, court finds
A dentist’s claim that a state regulatory agency initiated a retaliatory investigation—due to a complaint made by [...]
Licensee who sent attorney to hearing not in default for failure to appear
A party may send an attorney to a discipline hearing instead of personally attending without risking a default judgment, the [...]
Stealing from firm not related to “practice,” rules Alabama Supreme Court
In a surprising decision, the Supreme Court of Alabama threw out a discipline decision by the state’s Board of Examiners [...]
Information from expunged criminal records still available to licensing board
A New York court denied a motion for of an attorney who was convicted of aggravated harassment after making threatening [...]
“You can’t fire me, I quit” cuts no ice in professional licensing
Courts in two states recently turned down licensees’ efforts to preempt disciplinary actions by surrendering their [...]
“Some level of impairment” not specific enough for discipline
The Supreme Court of Idaho, in a March 23 decision, reversed discipline imposed by the state’s medical board against a [...]
“Weak oversight” charged in probe of New York nurse regulation
Continuing its periodic investigative reports on state licensing boards, the non-profit journalism organization ProPublica [...]
Federal court rejects challenge to allegedly vague professional conduct standards
Licensees do not have standing to challenge new professional standards for teachers until a teacher is disciplined, the U.S. [...]