Superior Court >Lower Court And Admin Appeals Administrative Appeals

Sufficiency of the Evidence
LC2005-000603-001 DT Rowles V. Maricopa Integrated Health System Aff'd termination. "Shocking the conscience" standard no longer applicable
LC2005-000540-001 DT Parkinson V. Guadalupe Public Safety Retirement Reversal based on lack of competent evidence that plaintiff retired because of investigation versus true disability.
LC2005-000347-001 DT Arizona Department of Revenue V. Lang "Shocking to the conscience" standard no longer applies to personnel appeals.
LC2004-000231-001 DT 4716 INC v. Arizona State Department of Liquor Licenses and control ARS 4-244(13) prohibits employee consumption of alcohol on the premises. "Exotic dancers" are not employees as defined in ARS4-101(14), as they are "on the premises" for "performances".
LC2003-000896-001 DT Valente V. Rodgers Plaintiff failed to prove that "sensory integration therapy" and osteopathic cranial manipulation was "medically necessary".
LC2003-000387-001 DT Guminski v. Arizona Veterinary Medical Examining Board Vet. Bd. applied incorrect standard of care to vet who acted in an emergency situation.
LC2003-000692-001 DT Bandes V. Arizona State Dept. of Transportation presumption that mailed notice from ADOT was received - P failed to prove otherwise.
LC2003-000550-001 DT Brice v. Peoria City Personnel Board Personnel Bd. must give deference to H. Officer's findings - arb. & abuse of discr. to ignore "doctrine of governmental estoppel"
LC2003-000513-001 DT Rancho Tempe MHP LLC v. Barkley, Dept. of Building and Fire Safety ALJ has no authority to award damages to residents of mobile home park not parties to this action.
LC2003-000386-001 DT State Tractor & Equipment CO INC v. Stephen Owens, Arizona State Dept. of Environmental Quality ADEQ Director abused his discr. & acted contrary to law in disregarding findings of ALJ & TAP
LC2003-000324-001 DT Laughlin V. Arizona State Registrar of Contractors new evid. presented to Superior Court was of such character that it would have likely changed decision of the agency - Shaffer V. Ariz. Liquor Bd.
LC2003-000292-001 DT Walker Design Build Inc. V. Ariz. State Registrar of Contractors P failed to order transcript of agency hearing. Reviewing court must presume the missing record supports the agency's action.
LC2003-000097-001 DT Sharp v. Arizona State Dept. of Transportation "fear of needles" no exception to Implied Consent laws
LC2002-000743 Sherer v. Stanton & Mcfate affirm implied consent "refusal"
LC2002-000727 Bonanno V. Arizona State Dept. Transportation MVD 28-3306 (A) permits rev. of an Az. dr. license based upon offenses committed in another jurisdiction.
LC2002-000720 Young v. Corrections Officer Retirement Plan Affirm finding that P not mentally or physically disabled
LC2002-000703 Gawlas v. ADOT, Mendez & Stanton Officer's report & aff. not signed - technical error
CV2002-092663 Porter v. Mendez Admin App - Affirm MUD's refusal of driver's license where P refused to disclose his SS#
CV2002-017914 Ziegfield INC v. Phoenix City evid. suff. to warrant susp. of S.O.B. license.
CV2002-015458 Alexander v. Johnson Failure to order transcript: missing record presumed to support agency action
CV2002-013423 MCSO v. MC Merit Com. Agency (Commission) found term. of employee had "sexual hallucinations"
CV2002-005821 Apollo General Contracting INC v. Diversified Asphalt INC Construction of contracts - "pay when paid clause"
CV2002-005761 Winters v. Bd. of Educ. Scope of Review-hearsay evid. from other incidents proper

return to top

Due Process Issues
LC2003-000535-001 DT Kitchen and Bath Depot Inc V. Torres,Smith alleged defects in service are waived by vol. appearance. Default hearing proper where P's "letters" to ROC were not an answer to the complaint.
LC2003-000235-001 DT Luick V. Ariz State Board of Psychological Examiners informal interview procedure does not violate due process
LC2003-000004-001 DT Lyon v. Buckeye Union High School District No viol. of due process (notice) or double jeopardy
LC2002-090184 Richardson v. Arizona State Depart. of Transportation Denial of due process when H.O. review of evidence after hearing - denial of P's right to confront & cross-examine
LC2002-090183 Brown v. Cohen, Arizona State Department of Insurance No denial of subst & proc. due process
CV2002-013282 Lasater v. Justice Ct. Az Admin Review Act is constitutional; P accorded due process
CV2002-007216 Leyva v. ROC Lack of notice to P denied P due to process
Res Judicata, claim merger, collateral estoppel
CV2002-014088 Schuster v. Ottavio "Res Judicata" & "Collateral Estoppel" do not apply
CV2002-006400 Wiegert v. DES "Res Judicata" & "Claim Merger" bar recovery; "Collateral Estoppel" does not apply

return to top

Accord & Satisfaction
CV2002-005875 Marks v. SW Lawn No accord & satisfaction; ALJ did not err based upon the evid presented

return to top

Unprofessional Conduct
LC2005-000478-001 DT Pollard v. Arizona Department of Real Estate Affirm non-renewal of real estate sales license due to criminal history
LC2005-000384-001 DT Townsend v. State of Arizona Upheld denial of real estate sales license due to criminal conviction
LC2003-000293-001 DT Novak v. Arizona State Veterinary Medical Examining Board Vet's failure to investigate cremation services he recommended was unprof.- where cremations were performed in shocking manner - in desert by blow torch. Ashes ret. to clients incl. dirt and trash.
CV2002-017719 Alif Sarah v. Arizona State Medical Board Prostitution is a crime of "moral turpitude"
CV2002-012696 Dahnad v. Bd. of Denta Dentist admin. nitrous to employee; sexual contact w/ employee & patient
CV2002-011746 Rivkin v. Az Banking Dept. "Sex crime conv. bears "reasonable relation" to job-denial was proper
CV2002-006974 Masowdi v. ADHS Impersonating a pub. servant is a crime of "moral turpitude"

return to top

Jurisdiction
LC2003-000567-001 DT Judd v. Arizona State Dept. of Environmental Quality An admin agency (ADEQ) does not lose juris following entry of a final order to hear and decide motions for rehearing or reconsideration.
LC2003-000243-001DT Phelps Dodge Corp. V. Arizona State Dept. of Water Resources Az Dept. of Water Resources properly adopted its policy manual - ADWR had juris over "instream flows".
CV2002-014596 Will v. Bd. Accountants Board retained auth. & juris. to re-hear and reconsider its final order
CV2002-010369 H & B Electric Inc v. State Statute of Limitations in ARS 32-1155 does not apply to actions brought by ROC
CV2002-009578 Base Construction Inc v. Baxter No right of cross-appeal in Admin. review action.

return to top

AHCCCS
LC2003-000555-001 DT Lopez v. Biedess Indian gaming revenue placed in a "special needs trust" may properly be considered as income in determining plaintiffs eligibility for ALTCS benefits.
LC2003-000690-001 DT Day v. Arizona Health Care Cost Containment System Admin., Phyliss Biedess Affirm AHCCCS director's denial of guardian & conservator fees as not medically necessary
CV2002-019459 Camelot Campus of Care v. AHCCCS Affirm AHCCCS director's order that deadline for notices of claims could not be "equitably extended".
CV2002-018205 Fiore v. Biedess AHCCCS erred in denying "medically necessary" incontinence briefs.
CV2002-006665 Dashee v. AHCCCS Federal reimbursement by State is mandatory

return to top

Standard of Review
CV2003-022101 Friends of Pinto Creek v. Owens Std. of review involves ADEQ's legal applic. of fed and Az. clean air act. Non-road vehicle emissions and fugitive emissions were correctly excl. from calculations to deter. if Carlotta Mine meets/exceeds emission thresholds. ADEQ decision is a affirmed.
LC2003-000524-001 DT Bennett's Oil CO v. Stephen Owens, Arizona State Dept. of Environmental Quality Affirm ADEQ's denial of reimbursement for corrective action where costs paid by primary Ins. Carrier.
LC2003-000482-001 DT Thompson V. Owens Where ADEQ Director rejected ALJ's findings, the Director's decision was reviewed to determine if it was supported by subst. evid. w/in the record. Decision affir.
LC2003-000046-001 DT Maricopa County Dept. of Finance v. Arizona State Office Administrative Hearings, Arizona State Dept. of Revenue std of review - unclaimed county property
LC2003-000004-001 DT Lyon v. Buckeye Union High School District No viol. of due process (notice) or double jeopardy
CV2002-012041 DGB v. Goldwater Default against P supported by record
LC2002-000698 United Healthcare of Arizona v. Arizona State Dept. of Insurance std of review - affirm DUI's concl. that P unlawfully limited insurance coverage of "spinal treatments"

return to top

Exhaustion of Adminitrative Appeals
CV2003-000640-001 DT Stapert v. Arizona Board of Psychological Examiners P failed to timely file Mot. for Reconsideration
CV2002-010580 Raven v. MC Bd. of Sup. MC Assessor

return to top

Evidence
CV2002-092857 Blakenbaker v. State All relevant evidence is admissible in admin. hearings. Rules of Evid. do not apply - ARS 41-1092.07(F)(1).

return to top

Good Cause for Staying Agency Action (A.R.S. 12-911(A)(1))
LC2006-000144-001-DT Aetna Maintenance Systems Inc. v. Arizona State Registrar of Contractors Stay conditioned on bond.
LC2006-000044-001-DT Morici et al v. Arizona State Board of Accountancy The "good cause" requirement for staying agency action differs from the requirement that applies to an application for preliminary injunction. (Judge David R. Cole)

return to top

Registrar of Contractors
LC2005-000190 Kelton v. Arizona State Registrar of Contractors New evidence on appeal rejected; ROC has broad discretion re: appropriate penalty

return to top

Charter Schools
LC2005-000430 Rolling Hills Charter School v. Arizona State Board for Charter Schools Upholding charter revocation based on fingerprinting and other violations; discussion of cure opportunity

return to top

New Evidence on Appeal
LC2005-000696-001 DT Brencick v. Arizona Department of Real Estate Remand to agency for limited additional evidence
LC2005-000541-001 DT Cigna Healthcare of Arizona v. State of Arizona Discussion of narrow scope of new evidence on appeal and Shaffer case

return to top