1 The Colorado Lawyer December 2001 Vol. 30, No. 12 [Page 61] Reproduced by permission Colorado Bar Association, 30 The Colorado Lawyer 61 (December 2001). All rights reserved. (All material from The Colorado Lawyer is copyrighted by the Colorado Bar Association and cannot be reproduced without permission.) GOVERNMENT AND ADMINISTRATIVE LAW NEWS Administrative Sanctions Against Colorado Liquor Licenses by Kurt G. Stiegelmeier This column provides information to attorneys dealing with the various state and federal administrative agencies, as well as attorneys representing public or private clients in the areas of municipal, county, and school or special district law. Column Editors: Carolynne White of the Colorado Municipal League (303) ; Brad Bailey, Asst. City Attorney, City of Littleton (303) ; Tiffanie Bleau, Asst. City Attorney, City of Arvada (303) ; Steven H. Denman of Kutak Rock LLP, Denver (Administrative Law) (303) About The Author: This month s article was written by Kurt G. Stiegelmeier, Denver, Assistant City Attorney-Senior, City and County of Denver (720) Violations of the Colorado Liquor Code ("Liquor Code") and its regulations 1 ("Liquor Regulations") may give rise to criminal charges, 2 civil liability, 3 and administrative sanctions against the liquor license. 4 This article discusses the administrative sanctions that may be imposed against the liquor license and the legal issues surrounding these sanctions, including the effects of transferring or surrendering the liquor license, determining the appropriate sanction, and administrative and judicial review of the sanction. 5 Types of Sanctions There are four types of sanctions that can be imposed against a liquor license. Each is discussed below. Suspension The Liquor Code authorizes the liquor licensing authority to suspend any liquor license for up to six months. 6 The Liquor Code does not expressly authorize licensing authorities to suspend or "hold in
2 abeyance" any part of the license suspension on condition that the licensee refrain from or perform certain acts. However, the Liquor Regulations imply that there is authority to hold a portion of the suspension in abeyance. 7 Holding some part of the suspension in abeyance has become a common practice. 8 In many cases, some part of the suspension is held in abeyance on condition that the licensee have no further violations for from one to two years. In some cases, a part of the suspension is held in abeyance on condition that the licensee or its employees complete certain remedial training. The Liquor Code does not dictate when or how the suspension must be served. Suspensions are sometimes structured so that they are served in increments rather than for a continuous period. In addition, suspensions are sometimes delayed to give the licensee time to prepare for the suspension. Suspension of the liquor license deprives the licensee of the right to sell, serve, and host consumption of alcohol beverages. 9 However, suspension does not necessarily require the licensee to close or vacate the licensed premises. Unless otherwise ordered, a liquor store licensee may still occupy the premises to clean, stock, accept new inventory, and perform other tasks as long as alcohol beverages are not sold. Unless otherwise ordered, a restaurant or tavern licensee may remain open to serve food and provide entertainment as long as alcohol beverages are not sold, served, or consumed on the premises. Fine in Lieu of Suspension The state or local liquor licensing authority may impose a fine in lieu of all or part of the suspension if: 1. the decision has been made final; 2. the fine in lieu of suspension is imposed before the operative date of the suspension; 3. the suspension imposed is fourteen days or less; 4. the licensee petitions for the fine in lieu of the suspension; 5. the state or local authority finds that public welfare and morals will not be harmed and a fine will serve the purposes of the discipline; 6. the licensee s records are in sufficient order so that the loss of sales that the licensee would have experienced under the suspension can be determined with reasonable accuracy; 7. the licensee has not had his or her license suspended or revoked, nor paid a fine in lieu of suspension during the two years preceding the complaint to suspend the license; and 8. if the sanction is imposed by a local licensing authority, the governing body of the city or county has first adopted a resolution or ordinance accepting the practice of imposing fines in lieu of suspension. 10 The Liquor Code and Liquor Regulations do not indicate whether this fourteen-day limit refers to the total number of days in suspension or only to the active days of suspension, which does not include the number of days held in abeyance. The Colorado Department of Revenue, Liquor Enforcement Division ("Division of Liquor Enforcement"), has stated that the fourteen-day limit refers only to the number of active suspension days and does not include the number of days held in abeyance. 11 Thus, under the Division of Liquor Enforcement s interpretation, a licensee who has his or her license suspended for thirty days, with sixteen days held in abeyance and fourteen days of active suspension imposed, would still qualify for a fine in lieu of suspension. The amount of the fine is 20 percent "of the licensee s estimated gross revenues from sale of alcohol beverages during the period of suspension." 12 The Liquor Code and Liquor Regulations do not explain how this fine is to be estimated. In Denver, the practice is to examine the licensee s books for the preceding 180-day period, sum up gross revenues from all sales of alcohol beverages, divide by 180 to obtain an average gross daily revenue figure, multiply that figure by the number of days of suspension that the fine is taken in lieu of, and take 20 percent of that figure. 13 For example: gross revenues for 180 days = $108, = $600 x 14-day suspension = $8,400.
3 The fine can be no less than $200 and no more than $5, The Liquor Code and Regulations do not indicate whether these dollar limits should be applied per case or per count. The City of Denver has interpreted the dollar limits as a per count, rather than a per case limitation. 15 Imposition of New Conditions The Liquor Code does not expressly state that the licensing authority may impose new conditions on the license as a sanction. However, the Liquor Code contains language that strongly implies this authority. CRS (9)(b) states that the licensing authority may refuse to renew a license on the ground that the licensee violated a special term or condition placed on the license in prior disciplinary proceedings. Revocation or Denial Of Renewal In CRS (1), the Liquor Code authorizes the liquor licensing authority to revoke any liquor license. The licensing authority may accomplish the same thing by waiting until the license comes up for its annual renewal and then denying renewal for the violation. 16 Effect of Transferring The License Licensees frequently attempt to avoid more severe sanctions by transferring the liquor license to a third person. The Liquor Code and Liquor Regulations do not speak to this issue. In some Colorado jurisdictions, transfer to a new licensee approved by the local licensing authority is treated as an acceptable solution, and the disciplinary action may be dismissed. This policy is designed to resolve the problem quickly when the problem is particular to the licensee. In other Colorado jurisdictions, including Denver, the local licensing authority has taken the position that no transfer will be considered while a disciplinary action is pending. The license may be transferred after the sanction has been imposed, but the transferee will take the license subject to existing sanctions. This policy is designed to prevent the avoidance of sanctions through transfers, which would render sanctions for the worst violations ineffective and eliminate deterrence of serious violations. This policy also allows the transfer to go forward, which may be in the public interest, but forces the licensee to bear the penalty by decreasing the market value of the license. This eliminates the problem licensee, but also ensures that the goal of deterrence is served. Effect of Surrendering The License Licensees sometimes seek to surrender their liquor license before the disciplinary hearing is held, rather than face the hearing and sanction. Surrender of the license offers the licensee some advantages where the licensing authority is likely to impose a severe sanction. First, surrendering the license avoids an adjudication that the violation actually occurred. This prevents the use of the findings to determine that the licensee is a person whose character, record, and reputation are not satisfactory to hold a liquor license in future applications in the same or other jurisdictions. 17 Second, avoiding an adjudication prevents the use of the findings for collateral estoppel 18 in civil forfeiture and personal injury actions. The Liquor Code and Liquor Regulations do not address surrender of the license or whether the licensing authority must accept a surrender of the license. In the context of dental and law licenses, the Colorado Court of Appeals and Colorado Supreme Court have held that a licensee does not have a right to surrender his or her license while a disciplinary action is pending. 19 The licensing authority has
4 discretion to accept or decline the surrender. 20 If presented with the issue in the context of a liquor license, it appears the Colorado Supreme Court would adopt the same rule as to surrender of liquor licenses because the policy considerations are similar. Licensing authorities should consider carefully the tactical effects of surrendering the license and refuse to accept a surrender where it does not serve the public interest. Determining the Appropriate Sanction Licensing authorities must determine the appropriate type and degree of sanction to impose against a license. This responsibility calls for a careful examination of many factors and the exercise of sound discretion. Guidelines on "Compliance Check" Sanctions The Liquor Regulations contain guidelines for sanctions in cases involving sale of alcohol beverages to a minor where the violation was detected using a "compliance check" or "sting." 21 A compliance check involves an investigator using a person under the age of twenty-one (usually a police cadet) to purchase an alcohol beverage, rather than detecting such violations as they naturally occur in the course of business. 22 These guidelines establish a range of penalties for the first, second, third, and fourth such offense within two years. However, these guidelines are advisory, not mandatory. The Regulations state that the licensing authority "may consider" these penalties, but does not require the licensing authority to follow them. Absence of Standards for Other Sanctions: Due Process Other than the guidelines for certain compliance check penalties, the Liquor Code and Liquor Regulations contain no guidelines, standards, or even criteria to consider in determining the appropriate sanction for any violation. This is in stark contrast to the detailed criteria that must be considered when determining whether probation should be granted in criminal cases, 23 the length of imprisonment in criminal cases, 24 and the length of drivers license suspensions. 25 The absence of standards or criteria to consider in determining the sanction is sometimes attacked as a violation of substantive due process or as an unconstitutional delegation of authority. In Brownlee v. Department of Revenue, 26 the Colorado Court of Appeals rejected these arguments, holding that judicial review under Colorado Rules of Civil Procedure ("C.R.C.P.") 106 provides a check against abuse of discretion that satisfies due process. 27 The Colorado Supreme Court has not reviewed the holding in Brownlee, but the holding is supported by two similar decisions by that Court. In Kibler v. State 28 and People v. Morley, 29 the Court upheld sanctions imposed against law and nursing licenses where the regulatory scheme did not provide guidelines or criteria to consider in determining the sanction. In both cases, the Court held that due process is satisfied if the licensing statute sets forth the possible penalties for violations, even if the statute does not establish guidelines or even criteria to consider in determining the sanction. Because the licensing schemes set forth the possible penalties as suspension or revocation, the Court held that they complied with due process. The Liquor Code sets forth the possible penalties as suspension, revocation, denial, fines in lieu of suspension, and imposition of new conditions. Therefore, the absence of standards as to the sanction does not violate due process. Factors Considered in Determining the Sanction
5 Factors considered when imposing sanctions in liquor license cases are somewhat different than in criminal cases. Punishment and retribution are not appropriate considerations in license disciplinary cases; instead, the proceeding is remedial and focuses on protection of the public. 30 It is essential that punishment and retribution not become considerations because focusing on these factors could convert the action into a quasi-criminal action, thereby implicating double jeopardy 31 and other criminal protections, such as the Eighth Amendment prohibition of excessive fines. 32 However, general and specific deterrence are appropriate considerations, 33 and these do not convert the action into a quasi-criminal action. 34 The licensee s past violations as a liquor licensee are highly relevant because the licensee must maintain a good record to maintain the license. 35 Past violations outside the context of the liquor license are relevant only if they are crimes of moral turpitude or demonstrate an inability to comply with the Liquor Code and Liquor Regulations. 36 The facts that the licensee has no criminal record and a good reputation in the community are not especially relevant because they are basic requirements that every licensee must satisfy just to obtain and maintain the license. 37 Whether the licensee has already been punished through a criminal action is not relevant. The criminal action is designed as punishment, whereas the liquor license sanction is not designed to punish, but to remedy the problem, deter others, and protect the public. 38 Similarly, the fact that the licensee has suffered a civil forfeiture as a result of the same violation is not particularly relevant because the forfeiture is primarily designed to remove assets from criminal use and fund law enforcement efforts against crime. 39 Some of the other factors usually considered relevant include the number and frequency of violations under past and present liquor licenses; the severity of the violation; how long the violation continued; whether the violation was committed intentionally, knowingly, or negligently; whether the violation was accompanied by falsehood or fraud; efforts taken to voluntarily correct the problem; promptness in correcting the problem; and public perception that the Liquor Code is adequately enforced through the licensing system. Administrative and Judicial Review of Sanctions Sanctions imposed against liquor licenses are subject to two levels of review: administrative and judicial. Administrative review involves the agency reviewing the decision of its own board, hearing officer, or Administrative Law Judge ("ALJ"). Judicial review involves a district court sitting as an appellate court reviewing the record for errors of law or abuse of discretion. Internal Administrative Review When the state liquor licensing authority imposes sanctions, the decision is subject to internal review by the Director of the Department of Revenue under the Colorado Administrative Procedures Act ("APA"). 40 The parties may submit objections to the ALJ s findings. The agency then reviews the sanction imposed by the ALJ and considers the objections. 41 The APA does not apply to the local liquor licensing authorities. 42 However, some cities and counties have adopted an analogous procedure for internal administrative review. 43 The individual or body conducting the internal administrative review may increase, decrease, or restructure the sanction. The sanction is an "ultimate finding," rather than an evidentiary or factual finding because it is the conclusion that determines the rights and liabilities of the parties based on the factual findings. 44 A reviewing administrative agency can overrule its own ALJ or hearing officer on ultimate findings as long as there is a reasonable basis in the law and evidence for the decision to overrule. 45 This practice
6 does not violate due process. 46 The Colorado courts have specifically held that an administrative agency may properly overrule its own ALJ or hearing officer on the sanction that should be imposed. 47 Judicial Review Judicial review of sanctions imposed by the local licensing authority may be obtained by filing an action in district court under C.R.C.P. 106(a)(IV). A local liquor licensing authority s sanction cannot be reviewed under the APA. 48 However, judicial review of a sanction imposed by the state licensing authority may be obtained by filing an action in district court under the APA. 49 The Colorado Court of Appeals has adopted the abuse of discretion standard for review of sanctions imposed against liquor licenses. The sanction will be upheld unless it is so excessive that it constitutes an abuse of discretion. 50 All doubts as to the propriety of the licensing agency s decision should be resolved in favor of the licensing authority. 51 The abuse of discretion standard has been applied to sanctions against liquor licenses in many other states as well. 52 The Colorado Supreme Court has not specifically held what standard of review applies to liquor license sanctions. In the context of other licenses, the court has held that a licensing body has wide discretion in determining the sanction, and the licensing body s choice of sanction will be upheld on appeal unless it bears no relation to the conduct, is a gross abuse of discretion, or is manifestly excessive in relation to the needs of the public. 53 Although the phrasing of this test is slightly different than the abuse of discretion standard, in practice, it appears to be virtually the same. However, this test may have some additional value in forcing reviewing courts to consider the abuse of discretion issue in a more articulate three-part way. The licensing authority should state on the record or in its written decision why it chose the particular sanction. Failure to at least state the reasons for the sanction deprives the reviewing court of the ability to determine whether there has been an abuse of discretion and deprives the licensee of the opportunity for judicial review. 54 This may result in reversal 55 or a remand for the licensing authority to make such findings. 56 Conclusion The Liquor Code and Liquor Regulations provide a variety of sanctions against liquor licenses. The courts have given licensing authorities ample discretion to apply these sanctions judicially for the protection of the public and to ensure the integrity of the liquor industry. NOTES 1. See CRS et seq. and 1 C.C.R CRS ; People v. Bagby, 734 P.2d 1059, 1062 (Colo. 1987). 3. CRS and ; Largo Corp. v. Crespin, 727 P.2d 1098, 1108 (Colo. 1986). 4. CRS ; A.D. Jones and Co. v. Parsons, 319 P.2d 480, 483 (Colo. 1958). 5. This article does not delve into the grounds for sanctions or the procedure for imposing them. But see Stiegelmeier, "Suspension or Revocation of Liquor Licenses for Offensive Conduct," 29 The Colorado Lawyer 77 (Sept. 2000). 6. CRS (1) and -901.
7 7. Reg (A)(1), 1 C.C.R See, e.g., DiManna v. Kalbin, 646 P.2d 403 (Colo.App. 1982). 9. CRS (1)(f)(g). 10. CRS (3)(a)(7); see, e.g., Denver Revised Municipal Code, 6-14 and Division of Liquor Enforcement letter to Denver Director of Excise and Licenses, Sept. 24, This document is available from the Denver City Attorney s Office. 12. CRS (3)(b). 13. Denver Department of Excise and Licenses Policies, Fine in Lieu of Suspension, CRS (3)(b). 15. In Re Levy and Aramark, Denver Department of Excise and Licenses (Aug. 20, 2001). This document is available from the Denver City Attorney s Office. 16. CRS (1) and (9). 17. CRS (1)(a)(II)(VI); see Widener, "Moral Character of the Liquor Licensee or Applicant," 25 The Colorado Lawyer 79 (Feb. 1996). 18. Dale v. Guaranty National Insurance, 948 P.2d 545, 549 (Colo. 1997); Industrial Commission v. Moffat County School District, 732 P.2d 616, 620 (Colo. 1987). 19. Cross v. State Board of Medical Examiners, 552 P.2d 38, 42 (Colo.App. 1976); People v. Schaefer, 944 P.2d 78, 80 n.1 (Colo. 1997); People v. Hebenstreit, 823 P.2d 125, 128 n.3 (Colo. 1992). 20. Cross, supra, note 19 at Reg , 1 C.C.R See, e.g., DiManna, supra, note CRS CRS Elkins v. Charnes, 682 P.2d 70, 72 (Colo. 1984) P.2d 1372, 1374 (Colo.App. 1984). 27. See also Chroma Corp. v. Campbell, 619 P.2d 74 (Colo.App. 1980); Peterson v. Colorado Racing Comm., 677 P.2d 412, 414 (Colo.App. 1983) P.2d 531, 535 (Colo. 1986) P.2d 510, (Colo. 1986).
8 30. People v. Martin, 897 P.2d 802, 804 (Colo. 1995); People v. Abelman, 804 P.2d 859, 863 (Colo. 1991); People v. Deutschendorf, 920 P.2d 53, 61 (Colo. 1996). 31. United States v. Ursery, 518 U.S. 267 (1996); Bennis v. Michigan, 516 U.S. 442 (1996); Deutschendorf, supra, note 30 at Blue Cat Lounge Inc. v. License Appeal Comm., 667 N.E.2d 554 (Ill.App. 1996). 33. Martin, supra, note 30 at Bennis, supra, note 31 at 452; Ursery, supra, note 31; Deutschendorf, supra, note 30 at CRS (1)(a)(II)(VI); Mr. Lucky s Inc. v. Dolan, 591 P.2d 1021, 1023 (Colo. 1979). 36. Hartman v. Wadlow, 545 P.2d 735, 737 (Colo.App. 1975). 37. CRS (1)(a)(II)(VI); Mr. Lucky s, supra, note 35 at 1023; see Widener, supra, note Abelman, supra, note CRS ; Ursery, supra, note 31 at CRS et seq.; see, e.g., Mr. Lucky s, supra, note 35 at CRS (14) and (15). 42. Chroma Corp v. Adams County, 543 P.2d 83, 85 (Colo. 1975); Continental Liquor v. Kalbin, 608 P.2d 353, 355 (Colo. 1980). 43. See, e.g., Denver City Charter A9.8-A9.10 and Denver Revised Municipal Code, 32-21(b). 44. Puls v. People ex rel. Woodard, 722 P.2d 424, 426 (Colo.App. 1986). 45. Id. at 426; Halverstadt v. Dept. of Corrections, 911 P.2d 654, 660 (Colo.App. 1995); Davis v. Board of Medical Examiners, 791 P.2d 1198, 1202 (Colo.App. 1994); State Board of Medical Examiners v. McCroskey, 880 P.2d 1188, 1193 (Colo. 1994). 46. Davis, supra, note 45; Matter of Perron, 437 N.W.2d 92, 96 (Minn.App. 1989); Stapleton v. Industrial Comm., 668 N.E.2d 15, 21 (Ill.App. 1996); Lachenmyer v. Didrickson, 636 N.E.2d 93, 98 (Ill.App. 1994); Brock v. Police Board of Chicago, 563 N.E.2d 970, (Ill.App. 1990); Homefinders Inc. v. City of Evanston, 357 N.E.2d 785, 791 (Ill.App. 1976). 47. Puls, supra, note 44 at 426 (agency properly overruled the hearing officer s suspension and imposed revocation); Davis, supra, note 45 at 1202 (agency properly overruled a two-year revocation and imposed a permanent revocation); see also Perron, supra, note 46 at 96 (agency properly overruled hearing officer and imposed a six-month suspension). 48. Two G s Inc. v. Kalbin, 666 P.2d 129, 133 (Colo. 1983). 49. CRS ; Mr. Lucky s, supra, note 35 at Chroma Corp., supra, note 27; Brownlee, supra, note 26 at 1374.
9 51. U-Totem of Colorado Inc. v. City of Greenwood Village, 563 P.2d 373, 376 (Colo. 1977); Bailey v. Board of County Comm rs, 376 P.2d 519, 520 (Colo. 1962). 52. See, e.g., Ric v. Alcoholic Beverage Control Bd., 152 Cal.Rptr. 285 (Cal.App.3d 1979); Lopez v. State Liquor Control Comm., 458 N.E.2d 599 (Ill.App. 1983); Kelly v. Liquor Control Comm., 345 N.W.2d 697 (Mich.App. 1983); In Re GTRT Inc., 467 A.2d 1233 (Pa. 1983); Vaspocrakian Ltd. v. Alcoholic Bev. Control Comm., 516 N.E.2d 1153 (Mass. 1987); Walker v. Supervisor of Liquor Control, 781 S.W.2d 1113 (Mo. App. 1989). 53. Colorado State Board of Nursing v. Lang, 842 P.2d 1383, 1388 (Colo.App. 1992) (nursing license); Colorado Real Estate Comm. v. Hanegan, 947 P.2d 933, 936 (Colo. 1997) (real estate license); Colorado State Board of Medical Examiners v. Reiner, 786 P.2d 499, 500 (Colo.App. 1989) (physician s license); People v. Brown, 770 P.2d 1373, 1379 (Colo.App. 1989); Davis, supra, note 45 at 1202 (psychologist s license). 54. See Geer v. Presto, 313 P.2d 980, 981 (Colo. 1957); Burns v. Board of Assessment Appeals, 820 P.2d 1175, 1177 (Colo.App. 1991); Sclavertis v. City of Cherry Hills, 751 P.2d 661, 663 (Colo. App. 1988). 55. Board of County Comm rs v. Salardino, 318 P.2d 596 (Colo. 1957); Geer, supra, note 54 at C.R.C.P. 106(a)(4)(IX).
San Diego County Code of Regulatory Ordinances TITLE 2 LICENSES, BUSINESS REGULATIONS AND BUSINESS TAXES* DIVISION 1. BUSINESS REGULATIONS* CHAPTER 1. UNIFORM LICENSING PROCEDURE CHAPTER 1. UNIFORM LICENSING
Oklahoma Precious Metal and Gem Dealer Licensing Act 59 O.S. 1521 1532 Chapter 37A Precious Metal and Gem Dealer Licensing Act Section 1521 - Short Title This act shall be known and may be cited as the
About D.U.I. (Driving Under the Influence) Published by The Alaska Court System PUB-11 (6/13)(green) Introduction This pamphlet summarizes the penalties for violating several Alaska statutes relating to
CITY OF LUDLOW ORDINANCE NO. 2012-5 AN ORDINANCE AMENDING CHAPTER 110: BUSINESS LICENSE FEE OF THE CITY OF LUDLOW CODE OF ORDINANCES TO INCREASE THE RENTAL LICENSE FEE AND TO ELIMINATE EXCEPTIONS FOR IMMEDIATE
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 99,491 KANSAS DEPARTMENT OF REVENUE, Appellant, v. JILL POWELL, Appellee. SYLLABUS BY THE COURT 1. Under the Kansas Act for Judicial Review and Civil Enforcement
DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO Kenneth L. Smith, Plaintiff, v. Hon. Andrew S. Armatas, and County Court, City and County of Denver, Defendants, and Mitchell Morrissey, Indispensable
People v. J. Bryan Larson. 13PDJ031. October 18, 2013. Following a sanctions hearing, the Presiding Disciplinary Judge disbarred J. Bryan Larson (Attorney Registration Number 31822). The disbarment took
Department of Law D. Scott Martinez, City Attorney 1437 Bannock St, Room 353 Denver, CO 80202-5375 p: 720.865-8600 f: 720.865-8796 www.denvergov.org/cityattorney TO: FROM: RE: Denver City Council David
PUBLIC EDUCATION Public Education: Adverse Personnel Actions Raven v. Manatee County School Board, 2009 WL 4282920 (Fla. 2d Dist. App. Dec. 2, 2009) Teachers and other public school employees have a statutory
COLORADO DEPARTMENT OF REGULATORY AGENCIES Division of Professions and Occupations Office of Speech-Language Pathology Certification 4 CODE OF COLORADO REGULATIONS (CCR) 748-1 RULES REGULATING SPEECH-LANGUAGE
DRAFT PETITIONER: The City of Aurora ORDINANCE NUMBER DATE OF PASSAGE CITY OF AURORA CITY COUNCIL AN ORDINANCE AMENDING CHAPTER 25 OF THE CITY OF AURORA CODE OF ORDINANCES TO ADD A NEW ARTICLE XI THERETO
ALABAMA s FELONY DUI STATUTE- A HISTORY [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.] Felony DUI, as a statutory offense under the Alabama Code, was
COLORADO COURT OF APPEALS 2012 COA 55 Court of Appeals No. 11CA0892 Office of Administrative Courts No. 0S20110010 In re the complaint filed by the City of Colorado Springs, Colorado, Appellant, and concerning
People v. Garrow, No. 00PDJ068, 9.25.01. Attorney Regulation. The Presiding Disciplinary Judge and Hearing Board suspended the Respondent, William F. Garrow, from the practice of law for a period of one
RULE Office of the Governor Real Estate Appraisers Board Appraisal Management Companies (LAC 46:LXVII.Chapters 301-309) Under the authority of the newly enacted Appraisal Management Company Licensing and
TITLE 5 - REGULATORY PROVISIONS CHAPTER 5-1 5-1-1 Authority and Purpose (a) The authority for this Chapter 5-1 and its adoption by Tribal Council is found in the CLUSI Const. Art. I, section 1 and Art.
IN THE SUPREME COURT, STATE OF WYOMING 2015 WY 108 APRIL TERM, A.D. 2015 August 17, 2015 CHESTER LOYDE BIRD, Appellant (Defendant), v. S-15-0059 THE STATE OF WYOMING, Appellee (Plaintiff). Representing
Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;
Article 2. Certification of Water Treatment Facility Operators. 90A-20. Purpose. It is the purpose of this Article to protect the public health and to conserve and protect the water resources of the State;
Defending Your License The How-To for Michigan Health Care Professionals www.fb-firm.com About the Author: Tariq S. Hafeez Mr. Hafeez practices in the areas of business/corporate law, healthcare law, and
No. 110,315 IN THE COURT OF APPEALS OF THE STATE OF KANSAS KITE'S BAR & GRILL, INC., d/b/a KITE'S GRILLE & BAR, Appellant, v. KANSAS DEPARTMENT OF REVENUE, ALCOHOLIC BEVERAGE CONTROL DIVISION, Appellee.
LEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session - 0 IN THE SENATE SENATE BILL NO. 0 BY JUDICIARY AND RULES COMMITTEE 0 0 0 0 AN ACT RELATING TO DRIVING UNDER THE INFLUENCE;
A BRIEF DESCRIPTION OF MICHIGAN S ATTORNEY DISCIPLINE SYSTEM HISTORY Michigan s system for attorney discipline has existed in its current form since 1978. With the creation of the State Bar of Michigan
STATE OF MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES BUREAU OF HEARINGS In the matter of Bureau of Health Services, Petitioner v Marie L. Falquet, Respondent / Docket No. 2000-1297 Agency No.
HUERFANO COUNTY, COLORADO ORDINANCE NO. 2013 AN ORDINANCE OF THE COUNTY COMMISSIONERS OF THE HUERFANO COUNTY CREATING AN ENTERTAINMENT DISTRICT FOR THE PURPOSES OF C.R.S. 12-47-301(11), AUTHORIZATION OF
ALCOHOLIC BEVERAGE CONTROL LAW 65-b, 65-c, 65-d; COUNTY LAW 700; CRIMINAL PROCEDURE LAW 1.20, 720.35; GENERAL MUNICIPAL LAW 136; PENAL LAW 10.00; VEHICLE AND TRAFFIC LAW 155; L. 1993, CH. 389; L. 1989,
OCCUPATIONS CODE TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES CHAPTER 1303. RESIDENTIAL SERVICE COMPANIES As Revised and in Effect on September 1, 2009 Texas Real Estate Commission P.O. Box
Chapter 93B. Occupational Licensing Boards. 93B-1. Definitions. As used in this Chapter: "License" means any license (other than a privilege license), certificate, or other evidence of qualification which
WREN ROBICHAUX VERSUS LOUISIANA STATE BOARD OF PRACTICAL NURSE EXAMINERS * * * * * * * * * * * NO. 2012-CA-0265 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA APPEAL FROM CIVIL DISTRICT COURT, ORLEANS
HEALTH OCCUPATIONS TITLE 19. SOCIAL WORKERS SUBTITLE 3. LICENSING 19-301. License required; exceptions; practice without license (a) In general. -- Except as otherwise provided in this title, an individual
TITLE 4. PROFESSIO S A D OCCUPATIO S CHAPTER 15. BOARD OF MASSAGE THERAPY Editor s ote: 4 A.A.C. 15 made by final rulemaking at 10 A.A.R. 2668, effective June 8, 2004 (Supp. This Chapter formerly contained
Christopher Forest, MSHS, PA-C Rosslynn Byous, DPA, PA-C 1. Explain the fundamental principles of ethical behavior 2. Categorize the elements of professionalism required for medical practice (ARC-PA: B2.16)
0 0 A BILL 0-0 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To make the possession or transfer without remuneration of ounce or less of marijuana a civil violation subject to a fine and to make technical
In the Matter of the Reinstatement Petition of Irving A. August, P-10296, Petitioner/Appellant. ADB 241-88 Decided December 22, 1989 BOARD OPINION The Attorney Discipline Board has considered the Petition
California Judges Association OPINION NO. 56 (Issued: August 29, 2006) ETHICAL CONSIDERATIONS WHEN A JUDGE OR A MEMBER OF A JUDGE S FAMILY HAS BEEN ARRESTED OR IS BEING PROSECUTED FOR CRIMINAL ACTIVITY
DISTRICT COURT, CITY & COUNTY OF DENVER, COLORADO 1437 Bannock Street Denver, Colorado 80202 Plaintiff(s): Transitional Medication, LLC v. Defendant(s): City and County of Denver; City of Denver Department
Article 18D. Occupational Therapy. 90-270.65. Title. This Article shall be known as the "North Carolina Occupational Therapy Practice Act." (1983 (Reg. Sess., 1984), c. 1073, s. 1.) 90-270.66. Declaration
REFERENCE TITLE: accountancy board; certified public accountants State of Arizona House of Representatives Fifty-second Legislature First Regular Session HB Introduced by Representative Thorpe AN ACT AMENDING
Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral
SUPREME COURT OF WISCONSIN 2014 WI 2 CASE NO.: COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Steven T. Berman, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Steven T.
COLORADO Department of Regulatory Agencies DtVJston of Professions and Occupations Healthcare Branch Office of Massage Therapy Licensure Notice of Proposed Rulemaking and Rulemaking Hearing Pursuant to
COASTAL CAROLINA UNIVERSITY ALCOHOL AND DRUG POLICY I. Introduction Coastal Carolina University recognizes its responsibility for understanding how alcohol and other drug problems can present grave consequences
YOUR DEGREE, YOUR CAREER... YOU CAN TAKE CONTROL! Alcohol Violations and Their Effect on Your Employment After Graduation ALC OHOL EDUCATION Table of Contents Introduction... Pennsylvania Law - What You
Division of Registrations Lauren Larson Division Director Office of Massage Therapy Registration Lisa Hill Interim Program Director John W. Hickenlooper Governor Barbara J. Kelley Executive Director Notice
This article originally appeared in The Colorado Lawyer, Vol. 25, No. 26, June 1996. by Jeffrey R. Pilkington TORT AND INSURANCE LAW REPORTER Informal Discovery Interviews Between Defense Attorneys and
People v. Verce. 11PDJ076, consolidated with 12PDJ028. June 11, 2012. Attorney Regulation. The Presiding Disciplinary Judge suspended Joseph James Verce (Attorney Registration Number 12084), for a period
EXPUNCTIONS IN TEXAS Texas Young Lawyers Association Family Law Committee P.O. Box 12487, Capitol Station Austin, TX 78711-2487 (800) 204-2222 Ext. 1800 For additional family law resources, visit www.tyla.org.
People v. Fiore. 12PDJ076. March 15, 2013. Attorney Regulation. The Presiding Disciplinary Judge disbarred David Anthony Fiore (Attorney Registration Number 39729), effective April 19, 2013. Fiore failed
Rule 42. Practice of attorneys not admitted in Nevada. 1. Application of rule. (a) This rule applies to: (1) All actions or proceedings pending before a court in this state; (2) All actions or proceedings
SAN FRANCISCO AMENDS BUSINESS TAX ORDINANCE BOARD OF REVIEW ELIMINATED, STATUTE OF LIMITATIONS FOR REFUNDS INCREASED AND MUCH MORE Tax On February 19, 2004, San Francisco Mayor Gavin Newsom approved recent
BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF OREGON for the DEPARTMENT OF CONSUMER AND BUSINESS SERVICES INSURANCE DIVISION In the Matter of CHERIE G. SMITH and BEST INSURANCE CONSULTANTS, LLC
Chapter 8 ALARM SYSTEMS [HISTORY: Adopted 5-18-2004 by the Annual Town Meeting, Art. 27. Amendments noted where applicable.] Noise -- See Ch. 40. GENERAL REFERENCES ~ 8-1. Title and purpose. A. This bylaw
STATE OF CONNECTICUT REGULATION of the DEPARTMENT OF CONSUMER PROTECTION (NAME OF AGENCY) Concerning APPRAISAL MANAGEMENT COMPANIES (SUBJECT MATTER OF REGULATION) (NEW) Section 1. The Regulations of Connecticut
Annotated Code of Maryland Health Occupations Article Title 9 - Nursing Home Administrators Subtitle 1. Definitions; General Provisions. 9 101. Definitions. (a) In this title the following words have the
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Borough of Versailles and : Barbara Warhold, : Business Privilege Tax Collector : : v. : No. 546 C.D. 2013 : Argued: November 12, 2013 Ingram's Cleaning Service,
STATE OF MICIDGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS OFFICE OF FINANCIAL AND INSURANCE REGULATION Before the Commissioner of the Office of Financial and Insurance Regulation In the matter of:
OCCUPATIONAL THERAPY PRACTICE ACT - CREATION OF BOARD, REQUIREMENTS FOR LICENSURE, PRACTICE AND REFERRAL, RENEWAL OF LICENSE, REFUSAL, SUSPENSION OR REVOCATION OF LICENSE AND IMPAIRED PROFESSIONALS PROGRAM
First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Michael Dohr x SENATE BILL 1-1 SENATE SPONSORSHIP Lambert, Lundberg (None), HOUSE SPONSORSHIP Senate Committees
Rules and Regulations Relating to The Licensing And Regulation of The Private Security Guard Business Pursuant To The Private Security Guards Act of 1987 R.I.G.L. 5-5.1-1 et. seq. TABLE OF CONTENTS Section
The House Committee on Health and Human Services offers the following substitute to SB 368: A BILL TO BE ENTITLED AN ACT 1 2 3 4 5 To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated,
No. 76. An act relating to civil penalties for possession of marijuana. (H.200) It is hereby enacted by the General Assembly of the State of Vermont: * * * Criminal Penalties and Civil Penalties for Marijuana
House Bill 315 (AS PASSED HOUSE AND SENATE) By: Representatives Cooper of the 43 rd, Clark of the 101 st, Rynders of the 152 nd, Kaiser of the 59 th, Jones of the 53 rd, and others A BILL TO BE ENTITLED
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, FOR PUBLICATION May 10, 2002 9:00 a.m. V No. 234940 Kent Circuit Court JOSEPH MARK WOLFE, LC No. 01-002134-FH Defendant-Appellee.
ADMINISTRATIVE ASSESSMENT OF CIVIL PENALTIES AGAINST FEDERAL AGENCIES UNDER THE CLEAN AIR ACT The Clean Air Act authorizes the Environmental Protection Agency administratively to assess civil penalties
AGUIRRE v. UNION PACIFIC RR. CO. 597 At the hearing on the motion to withdraw his plea, he requested that the court take judicial notice of a six-page portion of the U.S. statutes. The court took judicial
Filing Fee $117.00 Instructions for Sealing a Criminal Record Effective 1-1-2015 This packet is to be used to assist you in filing an application to seal your criminal record. * * * * * * * * * * * * *
FINAL REPORT January 10, 2005 State Bar of Michigan Special Committee on Grievance Chair: John W. Allen Varnum Riddering Schmidt & Howlett LLP Kalamazoo, Michigan firstname.lastname@example.org COMMENTS AND PROPOSALS
03/01/2013 "See News Release 012 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 12-B-2701 IN RE: MARK LANE JAMES, II ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM This disciplinary
Rule 214. Attorneys convicted of crimes. (a) An attorney convicted of a [serious] crime shall report the fact of such conviction within 20 days to the [Secretary of the Board] Office of Disciplinary Counsel.
Chapter 153 2013 EDITION Violations and Fines VIOLATIONS (Generally) 153.005 Definitions 153.008 Violations described 153.012 Violation categories 153.015 Unclassified and specific fine violations 153.018
FOR PUBLICATION ATTORNEY FOR APPELLANT: ROBERT M. EDWARDS, JR. Jones Obenchain, LLP South Bend, Indiana ATTORNEY FOR APPELLEE: KATHRYN A. MOLL Nation Schoening Moll Fortville, Indiana IN THE COURT OF APPEALS
MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res
S.B. NO. JAN 0 A BILL FOR AN ACT THE SENATE TWENTY-EIGHTH LEGISLATURE, 0 STATE OF HAWAII RELATED TO LICENSED MARRIAGE AND FAMILY THERAPISTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: I 0
IN THE COURT OF COMMON PLEAS OF CARBON COUNTY, PENNSYLVANIA CIVIL ACTION DAVID PEREIRA, : Appellant : : v. : NO. 08-2547 : PENNSYLVANIA STATE POLICE, : BUREAU OF LIQUOR CONTROL : ENFORCEMENT, : Appellee
05/02/03 See News Release 032 for any concurrences and/or dissents. SUPREME COURT OF LOUISIANA NO. 03-B-0910 IN RE: HARRY E. CANTRELL, JR. ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM This matter arises
Appeal Bonds, Sureties, and Stays Appellate Lawyers Association April 22, 2009 Brad Elward Peoria Office The Effect of a Judgment A judgment is immediately subject to enforcement and collection. Illinois
R430. Health, Health Systems Improvement, Child Care Licensing. R430-3. General Child Care Facility Rules Inspection and Enforcement. R430-3-1. Legal Authority and Purpose. This rule is adopted pursuant
DISTRICT COURT, CITY AND COUNTY OF DENVER, STATE OF COLORADO City and County Building 1437 Bannock Street, Room 256 Denver, Colorado 80202 Plaintiff: SCOTT GESSLER, IN HIS OFFICIAL CAPACITY AS SECRETARY
IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 24, 2010 Session STEPHANIE JONES and HOWARD JONES v. RENGA I. VASU, M.D., THE NEUROLOGY CLINIC, and METHODIST LEBONHEUR HOSPITAL Appeal from the
ARKANSAS STATE BOARD OF ATHLETIC TRAINING PRACTICE ACT 17-93-402. Definitions. For purposes of this subchapter, unless the context otherwise requires: (1) Athlete means an individual who is participating