Welcome to the Spring 2024 Update of the ALR!
Topic under: Administrative Law Report
Click “See more” below for a rundown of the latest additions to the Administrative Law Report, covering DUI license suspensions, special education, professional licensing, facility regulation, public assistance, and more
DUI License Suspensions
- Results from field sobriety tests for DUI drug investigation found admissible in establishing probable cause
- Exact wording of driver’s consent to DUI breath test not required for officer to meet burden
- Court finds a reasonable person would believe he was under arrest if officer verbally tells him of arrest
- License suspension reinstated after driver fails to plead guilty to DUI, per settlement agreement
Special Education
- Court finds that student’s violent behavior was not a manifestation of his disability
- Court sides with school district, rejects student’s request for independent evaluation
- Judge grants involuntary dismissal due to insufficient evidence of multiple IDEA violations
- Student and parents waived right to bring certain IDEA claims when they consented to settlement
- Court finds insufficient evidence linking student’s alleged mood disorder to violent episodes
- One-hour bus ride for student receiving special-education services found acceptable under IDEA
- Absence of speech therapy, other services did not constitute violation of IDEA
- Claims of excessive restraint fall short in IDEA proceeding
- District ordered to reimburse tuition following failure to provide student with appropriate placement
Professional Licensing
- Pharmacist’s license suspended following illegal sales of narcotics
- Dental license, sedation permits revoked following misuse of ketamine injections and excessive treatment
Elections
- Court orders $5,000 sanction for elector who voted while serving felony sentence
- Candidate in special election for House District 125 seat prevails in residency challenge
- Former mayor ordered to pay $16,900 for failure to disclose donation reports, misuse of campaign funds
- Coming Summer 2024: Updates on candidacy-qualification cases brought before OSAH
Facility Regulation
- Personal care home faces penalties for rule infractions but avoids license revocation
- Daycare’s license revocation reversed due to insufficient proof of facility’s awareness of employee arrest
Public Assistance
- Food-stamp applicant seeking exemption from work requirement must provide proof of disability
- Full-time student meets 80-hour “qualifying activities” requirement for Pathways Medicaid program
- Vocational rehabilitation case remanded so agency can consider weight as an eligibility factor
- “Multiple chemical sensitivity” not recognized as disability eligible for vocational rehabilitation services
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Direct Appeal