Administrative Law

State Police Ordered to Release Video Recording of Traffic Stop to Driver

A video recording of a traffic stop was not exempt from disclosure as a criminal investigative record under the Right-to-Know Law (RTKL) or the Criminal History Record Information Act (CHRIA), the Commonwealth Court ruled in Pennsylvania State Police v. Grove.

By | 2017-05-19T22:51:27+00:00 July 31st, 2015|Categories: Administrative Law, Criminal Law|Tags: , , , , , , , , |Comments Off on State Police Ordered to Release Video Recording of Traffic Stop to Driver

Dog Owners have Standing to Challenge Regulations as Conflicting with Dog Law

Pennsylvania dog owners can proceed with their action seeking a declaration that regulations promulgated by the Department of Agriculture conflict with the Dog Law, 3 P.S. §§ 459-101 – 459-1205, the Commonwealth Court ruled in Keith v. Department of Agriculture

By | 2015-06-10T14:23:59+00:00 June 17th, 2015|Categories: Administrative Law|Tags: , , , , , , |Comments Off on Dog Owners have Standing to Challenge Regulations as Conflicting with Dog Law

Parole Board Retained Jurisdiction to Recommit Delinquent Parolee after his Sentence Expired

The Pennsylvania Board of Probation and Parole was not divested of jurisdiction to recommit a convicted parole violator when it failed to declare the parolee delinquent before the expiration of his original sentence, the Commonwealth Court held in Price v. Pennsylvania Board of Probation and Parole

By | 2015-06-10T14:23:19+00:00 June 16th, 2015|Categories: Administrative Law, Criminal Law|Tags: , , , , , , |Comments Off on Parole Board Retained Jurisdiction to Recommit Delinquent Parolee after his Sentence Expired

Governor Exceeded his Authority in Removing Open Records Director

The Executive Director of the Office of Open Records (OOR) is independent from the executive branch and insulated from the Governor’s constitutional power to remove appointees at-will, a split en banc panel of the Commonwealth Court held in Arneson v. Wolf

Sample Data Collected by DEP during Study Exempt from Public Disclosure as Record of Non-criminal Investigation

Sample data collected by the Department of Environmental Protection (DEP) in a radiation exposure study is exempt from disclosure under the Right-to-Know Law as a record of a non-criminal investigation, the Commonwealth Court held in Department of Environmental Protection v. Delaware Riverkeeper Network.

By | 2015-04-21T15:03:53+00:00 May 7th, 2015|Categories: Administrative Law|Tags: , , , , , |Comments Off on Sample Data Collected by DEP during Study Exempt from Public Disclosure as Record of Non-criminal Investigation

Judges now Required to Report any Criminal Investigation or Prosecution to Judicial Conduct Board

Under new Rule of Judicial Administration 1921, a judge who receives notice that he or she is the subject of any federal or state criminal investigation or prosecution must report the receipt of such notice to the Judicial Conduct Board within five days.

By | 2015-04-21T15:06:12+00:00 April 29th, 2015|Categories: Administrative Law|Tags: , , |Comments Off on Judges now Required to Report any Criminal Investigation or Prosecution to Judicial Conduct Board

Supreme Court Settles Application of Evidentiary Presumption of Child Abuse in Dependency and Expungement Cases

The Superior Court erred in substituting its judgment for that of the trial court in determining whether a child suffered abuse and whether that abuse was perpetrated by the mother, the Pennsylvania Supreme Court held in In re L.Z..

By | 2017-05-19T22:51:29+00:00 April 20th, 2015|Categories: Administrative Law, Family Law|Tags: , , , , , |Comments Off on Supreme Court Settles Application of Evidentiary Presumption of Child Abuse in Dependency and Expungement Cases

ATV Dealer Failed to Prove that Distributor’s Appointment of Competitor Will Lead to ‘Ruinous Competition’

A dealer of all-terrain vehicles (ATVs) failed to prove that competition would be suppressed, not advanced, if a competitor was appointed to sell the same product line, the Commonwealth Court held in Arctic Cat Sales, Inc. v. State Board of Vehicle Manufacturers, Dealers and Salespersons.

By | 2017-05-19T22:51:30+00:00 March 20th, 2015|Categories: Administrative Law|Tags: , , |Comments Off on ATV Dealer Failed to Prove that Distributor’s Appointment of Competitor Will Lead to ‘Ruinous Competition’

PennDOT Cannot Deny a License Before it Receives an Application

A person must submit an application for a driver’s license or renewal before PennDOT can invoke Section 1503(a)(8) of the Vehicle Code to deny that person a license, the Commonwealth Court ruled in Perrotta v. Department of Transportation, __ A.3d __ (No. 650 CD 2014, filed February 25, 2015).

By | 2017-05-19T22:51:32+00:00 March 18th, 2015|Categories: Administrative Law|Tags: , , |1 Comment