1. The law in a particular state provided that the commissioner of insurance had the authority to approve or not approve the rates charged consumers for automobile insurance. The managers of a particular insurance company believed that the services they provided their policyholders were superior to those offered by other companies, and that they should be allowed to charge higher rates than those approved by the commissioner for all companies licensed to sell insurance in the state. At a hearing held in response to the company’s request for permission to charge the higher rates, the commissioner considered the request. Does it appear likely that the decisions of the state insurance commissioner will be binding on the company?
2. An inspector from the department of weights and measures in a particular city made a routine examination of the gasoline pumps at a service station to check their accuracy. The inspector found that one pump delivered only 4.5 gallons when the meter showed 5 gallons. The inspector sealed the pump and had a subpoena issued, ordering the station owner to report to a hearing to be held the following day. The hearing would be conducted by the commissioner of the department of weights and measures. The operator of the service station claimed that the commissioner lacked authority to compel him to appear at the hearing. Does the commissioner have authority to regulate the operation of the service station?
3. English was an employee of the city of Long Beach, California. His fitness to perform his duties was brought into question by an administrative agency of the city that customarily held hearings where such decisions were made. English was not notified of the hearing. Despite the fact that English was not present, the agency decided that he was unit to continue his employment. English appealed the decision on the grounds that he was not present at the hearing and that the commission had acted improperly. Does it appear that the administrative agency acted properly in making a decision affecting a person’s employment without his being present?
4. The New York City charter authorizes the board of health to adopt a health code and to take other appropriate steps to ensure the health of the citizens of the city. The charter states that the code “shall have the force and effect of law.” The board took action to provide for the fluoridation of the public water supply. Paduano objected to the plan and brought suit to prevent the water treatment, claiming that the action was discriminatory because it benefited only children and the dental health of children could be achieved in other ways. Is it likely that Paduano would succeed in his action?

  • CreatedOctober 01, 2015
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