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Tag Archives: Administrative

Denial of in-state tuition rate had reasonable basis (access required)

A university had a reasonable basis for refusing a student’s request to reclassify her tuition status to that of an in-state resident. She has not overcome the presumption that the acts she claims qualify her for the in-state tuition rate ...

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Pipeline thwarted by bee, clubshell, bat and isopod (access required)

For the third time, the U.S. Fish and Wildlife Service will attempt to determine whether construction of the Atlantic Coast natural gas pipeline will threaten four endangered species after the conclusions in FWS’s prior opinion were found arbitrary and capricious. ...

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Nursing service did not adequately document background checks (access required)

The company argued that, because it relied upon oral instructions from the commonwealth, it should not be faulted for failing to adhere to the written policies and procedures. The court rejected this argument, holding the rules made clear the company ...

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Medicare provider must reimburse agency for overpayments (access required)

Where a Medicare-certified home health services provider should have known, based on publicly available guidance, that certain claims it submitted were not actually covered by Medicare, the provider was required to reimburse the Department of Health and Human Services for ...

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CBD and THC-A oils approval properly granted (access required)

The Virginia Board of Pharmacy’s decision to approve Dharma Pharmaceuticals as a dispensary of CBD and THC-A oils was neither arbitrary nor capricious. A motion to dismiss New Age Care’s appeal of the administrative decision is granted. Ruling “The Court ...

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Tesla can own and operate car dealership (access required)

The commissioner of the Department of Motor Vehicles correctly ruled that Tesla Motors fell within an exception to the statutory ban of motor vehicle manufacturers owning and operating a car dealership. Overview Code § 46.2-1572(4) prohibits automobile manufacturers from owning, ...

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Whistleblower’s claims not covered by Sarbanes-Oxley (access required)

Northrop Grumman successfully argued that an employee’s complaint was not within the scope of the Sarbanes-Oxley Act, or SOX, and she therefore could not claim whistleblower protection under the Act. An ALJ’s order in favor of the employee was vacated. ...

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Agency not required to release hunting documents proactively (access required)

Animal rights groups were not entitled to an injunction compelling the Fish and Wildlife Service to release proactively documents related to trophy imports of African elephants and lions under the Freedom of Information Act because the act only applies to ...

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Rescission of DACA was arbitrary and capricious (access required)

The Department of Homeland Security’s decision to rescind the Deferred Action for Childhood Arrivals policy established in 2012 was arbitrary and capricious because the memo explaining that decision did not identify any basis for the department’s view that the program ...

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