Entries Tagged as 'Occupational licensing'

Wednesday, November 19th, 2008

Occupational Licensing: Witness Immunity Doesn’t Prevent Professional Discipline

When a state licensing board sought to discipline an architect for misconduct as an expert witness in an arbitration, the architect claimed testimonial immunity.  [The architect issued a report that failed to include all known relevant and pertinent information on a boundary dispute, as required by 12 AAC 36.210(a)(4). ]
The State of Alaska Board of Registration for Architects, Engineers […]

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Filed under Occupational licensing

Thursday, November 13th, 2008

Recent Occupational Licensing Decisions in Alaska

The State of Alaska Office of Administrative Hearings conducts hearings for a number of occupational licensing bodies.  Earlier this year, it started to post its decisions on-line. 
Recent OAH decisions include the following:
Medical Board: The Board affirmed a reprimand and civil fine ($2,500) to a neurosurgeon because his license application contained intentional misrepresentations and he had failed to […]

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Filed under Occupational licensing

Thursday, October 23rd, 2008

Alaska Employment Law Miscellanea

Sedwick on Social Security Disability:  U. S. District Judge John Sedwick has affirmed an ALJ’s denial of disability benefits, based on independent findings of malingering and (using clear and convincing evidence) of unreliable testimony.  Bass v. Astrue, 2008 WL 4600772 (D.Alaska Oct. 15, 2008).  Paul Eaglin of Fairbanks represented the claimant; Nancy Mishalanie of the Seattle […]

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Filed under Uncategorized, Occupational licensing, Public Records Act

Thursday, July 10th, 2008

Constitutional Limits on Occupational Licensing

Philadelphia requires that tour guides be licensed, and licensing requires passing exams in history and geography.  Does the municipal ordinance violate the Free Speech clause?  UCLA law professor Eugene Volokh argues, Yes.

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Filed under Occupational licensing

Thursday, July 3rd, 2008

Alaska Agency Decisions On-Line

The State of Alaska Office of Administrative Hearings website for agency opinions is up.
To search the entire database, from all participating agencies, use this page.  To find an index of all posted opinions for a particular agency (Human Rights, Certified Nurse Aide licensing board, etc.), go here.
Right now, the site includes opinions back to about 2004.  […]

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Filed under Administrative agencies, Occupational licensing

Thursday, June 12th, 2008

Dishonest Application for Occupational License

An applicant concealed a criminal conviction in his 2005 application to take the psychological associate exam, and was therefore barred from the exam.  When he re-applied in 2007 and was truthful but still was denied the opportunity to take the exam, he appealed. 
The Alaska Board of Psychologist and Psychological Associate Examiners has now affirmed the denial […]

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Filed under Occupational licensing

Wednesday, June 11th, 2008

Recent ASCHR Opinions

Sometime next week the Alaska Office of Administrative Hearings should start electronic publication of agency opinons, including those from the Human Rights Commission and the various occupational licensing bodies. 
In the meantime, here are summaries of the most recent (significant) OAH opinions from the Human Rights Commission.  The full opinions are available through a Public Records […]

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Filed under ASCHR, Administrative agencies, Occupational licensing