BenchNotes- October 2019

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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Licensing

Hearing was untimely, license restored

The Taxi and Limousine Commission (“TLC”) may suspend a license prior to hearing for “good cause shown relating to a direct and substantial threat to the public health or safety.”

Taxi v. Limousine Comm’n v. Sow, OATH Index No. 467/20 (Oct. 15, 2019), adopted, Comm’r Dec. (Oct. 17, 2019).

Read more about Taxi v. Limousine Comm’n v. Sow

Vehicle Retention

PD may retain seized van

Petitioner sought to retain, pending the forfeiture proceeding, a van seized in connection with an arrest as the alleged instrumentality of a crime.

Police Dep’t v. Jones & Brown, OATH Index No. 543/20, mem. dec. (Oct. 25, 2019).

Read more about Police Dep’t v. Jones & Brown

Personnel

Misconduct charges dismissed

An oiler was charged with insubordination and inefficient work performance when he left his assigned work before completion on two occasions.

Dep’t of Correction v. Cronin, OATH Index No. 1861/19 (Oct. 22, 2019).

Read more about Dep’t of Correction v. Cronin

Contracts

Contractor’s claim denied

The Contract Dispute Resolution Board (“CDRB”), chaired by ALJ John B. Spooner, dismissed a claim for over $1,580,000 in unspent Medicaid funds to offset costs incurred due to a workers’ compensation insurance assessment.

Personal Touch Home Care, Inc. v. Human Resources Admin, OATH Index No. 2338/19, mem. dec. (Oct. 11, 2019) .

Read more about Personal Touch Home Care, Inc. v. Human Resources Admin