Thursday, June 11, 2015

admin. law - barbers - license - criminal conviction


Kirkpatrick v. Bureau of Prof. and Occup. Affairs – Cmwlth. Court – June 10, 2015

 


 

Barber’s license was improperly revoked based on his plea of nolo contendere to misdemeanor indecent assault, where the crime bore no relationship to his practice of barbering and the relevant statute referred only generally to engaging in “unethical or dishonest practice or conduct....” 

 

The General Assembly could have easily shown its intention to make a barber subject to discipline by indicating, as it had in other statutes, that a conviction would have that effect.  Without such indication of legislative intent, the Board would have complete discretion, unrestricted by any standards.

 

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If the case is not recent, the link in this posting may not work.  In that case, search for the case by name and date on Westlaw, Lexis, Google Scholar, or the court website http://www.pacourts.us/courts/supreme-court/court-opinions/

 

admin. law - late appeal - non-negligent circumstances


In re J.K. – Cmwlth. Court – June 10, 2015

 


 

On appeal from finding of indicated report of child abuse, unrebutted testimony of claimant’s attorney about inability to perfect appeal within applicable time because of medical emergency was sufficient to establish non-negligent circumstances permitting late appeal, under Bass v. Cmwlth, 401 A.2d 1133 (Pa. 1979) and its progency.

 

DPW erred in requiring attorney to present other evidence to support his testimony, when that testimony was neither challenged nor discredited

 

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If the case is not recent, the link in this posting may not work.  In that case, search for the case by name and date on Westlaw, Lexis, Google Scholar, or the court website http://www.pacourts.us/courts/supreme-court/court-opinions/

 

 

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