Justia Government & Administrative Law Opinion Summaries

The Certified Professional Guardianship Board (Board) has petitioned the Supreme Court to suspend guardian Lori Petersen for actions stemming from her guardianship of D.S. and J.S. Petersen has been a certified professional guardian since 2001. She owned and operated Empire Care and Guardianship, a large agency serving over 60 wards. From December 2009 until April 2010, the Board received a number of grievances and complaints regarding Petersen's treatment of three wards who were all, at one point, housed at Peterson Place, an adult family home. Petersen contended that suspension was improper and suggested:(1) the Board ran afoul of separation of powers principles; (2) violated the appearance of fairness doctrine; (3) impermissibly lowered the evidentiary standard; and (4) failed to consider the proportionality of the sanction. The Supreme Court agreed with Petersen as to her last contention: "She has questioned, albeit obliquely, the proportionality of the sanction, and so the Board should have considered the sanction's magnitude relative to those imposed in other cases. Accordingly, we remand to the Board to conduct a consistency analysis pursuant to its internal regulations" and the Court's opinion. View "In re Disciplinary Proceeding Against Petersen" on Justia Law

The Judicial Tenure Commission (JTC) filed a formal complaint against Wayne Circuit Court Judge Bruce Morrow, alleging 10 counts of judicial misconduct that arose out of criminal cases over which he had presided. After hearing argument on objections to the master’s report, a majority of the JTC concluded that the evidence established judicial misconduct in eight of the ten allegations and recommended that respondent be suspended for 90 days without pay. After review of the entire record and due consideration of the parties’ arguments, the Supreme Court agreed with the JTC’s conclusion that respondent committed judicial misconduct, but the Court was not persuaded that the recommended sanction was appropriate in this case. Instead, the Court held that a 60-day suspension without pay was proportionate to the body of judicial misconduct established by the record. View "In re Hon. Bruce Morrow" on Justia Law

Appellant, a Kentucky-licensed land surveyor, testified as a trial expert on behalf of defendants in a quiet-title action in circuit court. The trial court eventually ruled in favor of the plaintiffs. Alleging that Appellant gave misleading and inaccurate trial testimony during the trial, the Kentucky State Board of Licensure for Professional Engineers and Land Surveyors initiated disciplinary proceedings against Appellant. The Board ultimately suspended Plaintiff’s surveyor’s license, concluding that Plaintiff’s expert witness performance violated professional standards. Appellant sought judicial review. The Supreme Court held (1) a number of the statutes and regulations enforced by the Board against Appellant were impermissibly vague as applied to him; and (2) the Board’s decision to discipline Appellant was supported by substantial evidence. Remanded to the Board for reconsideration of Appellant’s sanction. View "Curd v. Ky. State Bd. of Licensure for Prof'l Eng'rs & Land Surveyors" on Justia Law

Dr. Obteen Nassiri owned and operated a chiropractic practice and employed Dr. Edward Johnson as a chiropractic physician. Both Appellants were licensed chiropractic physicians in Nevada at the time. Responding to allegations of unprofessional conduct, the Chiropractic Physicians’ Board of Nevada filed complaints for disciplinary action against Appellants. After an adjudicative hearing, the Board found Appellants had committed professional misconduct, revoked Nassiri’s license and mandated that Nassiri could not own any interest in a chiropractic practice until his license was restored, and suspended Johnson’s license for one year with conditions. On review, the district court entered judgment against Appellants. On appeal, Appellants argued that the Board improperly used a substantial evidence standard of proof to determine that Appellants committed professional misconduct. The Supreme Court affirmed, holding (1) in the absence of a specific statutory mandate, agencies generally must utilize, at a minimum, the preponderance-of-the-evidence standard in adjudicative hearings as a standard of proof; and (2) because the Board applied at least the preponderance-of-the-evidence standard in this case, the Board did not err in finding that Appellants committed violations warranting professional discipline. View "Nassiri v. Chiropractic Physicians' Bd." on Justia Law

Appellant was terminated from his employment as a registered nurse at a community hospital after a patient under Appellant’s care departed from the hospital, unescorted, into blizzard-like conditions and died less than 500 feet from the hospital’s entrance. After a two-day disciplinary hearing, the State Board of Nursing found Appellant violated several statutes and Board rules and revoked Appellant’s professional nursing license for two years. Appellant subsequently filed a petition for de novo judicial review in the district court. The district court concluded that it would not rehear the evidence presented to the Board and, after finding “competent evidence” on the record to support the Board’s findings, affirmed the Board’s decision to revoke Appellant’s license. The Supreme Court vacated the district court’s judgment, holding that the court erred in its interpretation and application of “de novo judicial review.” Remanded. View "Zablotny v. State Bd. of Nursing" on Justia Law

Plaintiffs involved in, or wishing to be involved in the “death care industry” challenged Pennsylvania’s Funeral Director Law, 63 Pa. Stat. 479.1 provisions that: permit warrantless inspections of funeral establishments by the state Board of Funeral Directors; limit the number of establishments in which a funeral director may have an ownership interest or practice the provision; restrict the capacity of unlicensed individuals and certain entities to hold ownership interests in a funeral establishment; require every funeral establishment to have a licensed full-time supervisor; require funeral establishments to have a “preparation room”; prohibit service of food in a funeral establishment; prohibit use of trade names by funeral homes; govern the trusting of monies advanced under pre-need contracts for merchandise; and prohibit payment of commissions. The district court found several provisions unconstitutional. The Third Circuit reversed: invalidation of the warrantless inspection scheme; holdings on dormant Commerce Clause challenges to certain provisions; conclusions that disputed provisions violate substantive due process; a ruling that the Board’s actions unconstitutionally impair private contractual relations with third parties; and invalidation of the ban on payment of commissions to unlicensed salespeople. The court affirmed that the ban on the use of trade names in the funeral industry violates First Amendment protections. The court noted that antiquated provisions are not necessarily unconstitutional. View "Heffner v. Murphy" on Justia Law

Starr, AIG's former principal shareholder, filed suit against the FRBNY for breach of fiduciary duty in its rescue of AIG during the fall 2008 financial crisis. The district court dismissed Starr's claims and Starr appealed. The suit challenged the extraordinary measures taken by FRBNY to rescue AIG from bankruptcy at the height of the direst financial crisis in modern times. In light of the direct conflict these measures created between the private duties imposed by Delaware fiduciary duty law and the public duties imposed by FRBNY's governing statutes and regulations, the court held that, in this suit, state fiduciary duty law was preempted by federal common law. Accordingly, the court affirmed the judgment of the district court. View "Starr Int'l Co. v. Federal Reserve Bank of New York" on Justia Law

Petitioner was a licensed physical therapist and the owner of a therapy center that operated two facilities. The West Virginia Board of Physical Therapy revoked Petitioner's license for failure to properly supervise physical therapist assistants and physical therapy aides employed by him. The circuit court affirmed. The Supreme Court affirmed in part and reversed in part, holding (1) the circuit court properly found that Petitioner failed to directly supervise a physical therapy aide who was performing patient treatment; but (2) the circuit court erred in finding that Petitioner failed appropriately to supervise a physical therapist assistant who was performing patient treatment. Remanded. View "Sorongon v. W. Va. Bd. of Physical Therapy" on Justia Law

Respondent Leslie Anne Whittington appealed an Office of Professional Regulation (OPR) order that concluded she committed several acts of unprofessional conduct and sanctioning her to a five-year license suspension. Respondent worked as a Nursing Home Administrator (NHA) from October 2006 until 2010. In its Amended Specification of Charges, the State alleged that respondent committed a host of specified acts that amounted to unprofessional conduct. In particular, the State alleged that respondent engaged in unprofessional conduct by failing to keep the home’s supplies adequately stocked; failing to keep the home adequately staffed; creating an erratic and hostile environment for staff and residents, possibly due to mental or psychological instability; allowing regulatory deficiencies to occur and responding poorly to two routine regulatory by the Vermont Division of Licensing and Protection; failing to ensure that residents’ records were properly kept; improperly interfering with nurses’ delivery of medication to residents and other nursing duties or medical decisions; falsely representing that she was a licensed nursing assistant and was close to earning a nursing degree; and improperly physically removing the ombudsman responsible for the home from the premises. Upon review of the OPR record, the Supreme Court reversed the Administrative Law Officer’s determinations that respondent engaged in unprofessional conduct by questioning a doctor’s withdrawal of life-sustaining treatment and on account of the Division of Licensing and Protection survey deficiencies, but affirmed the ALO’s other findings of unprofessional conduct. The case was remanded to the trial court for remand to the ALO for redetermination of the applicable sanction. View "Whittington v. Office of Professional Regulation" on Justia Law

The Office of the Medicaid Inspector General (OMIG) terminated a physician's participation in the Medicaid program on the basis of a Bureau of Professional Medical Conduct (BPMC) consent order, in which the physician pleaded no contest to charges of professional misconduct and agreed to probation. Supreme Court annulled the OMIG's determination. The Appellate Division affirmed, concluding (1) the agency acted arbitrarily and capriciously in barring the physician from treating Medicaid patients when the BPMC permitted him to continue to practice; and (2) the OMIG was required to conduct an independent investigation before excluding a physician from Medicaid on the basis of a BPMC consent order. The Court of Appeals affirmed but for another reason, holding (1) the OMIG is authorized to remove a physician from Medicaid in reliance solely on a consent order between the physician and the BMPC, regardless of whether BPMC chooses to suspend the physician's license or OMIG conducts an independent investigation; but (2) because OMIG did not explain why the BPMC consent order caused it to exclude the physician from the Medicaid program, the agency's determination was arbitrary and capricious. View "Koch v. Sheehan" on Justia Law