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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 03-10-00160-CV
Regular Panel Decision
Aug 31, 2010

William H. Kuntz, Jr., in His Official Capacity as Executive Director of the Texas Department of Licensing and Regulation Texas Department of Licensing and Regulation Texas Commission of Licensing and Regulation Frank S. Denton v. Reema Khan, D/B/A Salon Rupa - Shapes Brow Bar

This appeal concerns district court orders that partially denied a plea to the jurisdiction and granted a temporary injunction. The appellants, governmental defendants including the Texas Department of Licensing and Regulation and its executive director and members, faced claims from appellee Reema Khan, who operates eyebrow threading businesses. Khan was penalized for practicing cosmetology without a license and challenged this, arguing eyebrow threading is not within the statutory scope of cosmetology. The appellate court reversed the district court's denial of the plea to the jurisdiction for Khan's declaratory claims, dismissing them as redundant to her Administrative Procedures Act (APA) judicial review claim. However, the court affirmed the temporary injunction, finding no abuse of discretion given Khan's viable APA claim and probable right to recovery against the Department's regulation of eyebrow threading.

Cosmetology RegulationEyebrow ThreadingAdministrative Procedures ActDeclaratory Judgments ActPlea to JurisdictionTemporary InjunctionStatutory InterpretationProfessional LicensingGovernmental AuthorityUltra Vires Act
References
24
Case No. MISSING
Regular Panel Decision
Apr 28, 2011

Gallo v. LiMandri

This case concerns the appeal of a decision to annul the revocation of a petitioner's hoist machine operator (HMO) license. The respondent Commissioner had revoked the license based on the petitioner's prior mail fraud conviction, stemming from an alleged scheme involving preferential union job assignments. The Supreme Court annulled the revocation and ordered a one-year suspension, a decision unanimously affirmed by the appellate court. The court found the Commissioner's revocation excessive given the specific circumstances of the petitioner's conviction, noting a lack of evidence for bribes or kickbacks and the questionable legal theory behind the mail fraud charge after the Skilling v United States decision. The court distinguished the petitioner's culpability from other cases involving more severe offenses like extortion.

License RevocationMail FraudHoist Machine OperatorMoral CharacterAdministrative LawJudicial ReviewUnion Job AssignmentsOrganized CrimeAdministrative DiscretionPenalty Excessive
References
7
Case No. 03-11-00057-CV
Regular Panel Decision
Jul 25, 2012

Ashish Patel, Anverali Satani, Nazira Momin, Tahereh Rokhti, Minaz Chamadia, and Vijay Lakshmi Yogi// Cross Texas Department of Licensing and Regulation William H. Kuntz, Jr., in His Official Capacity v. Texas Department of Licensing and Regulation William H. Kuntz, Jr., in His Official Capacity// Ashish Patel, Anverali Satani, Nazira Momin, Tahereh Rokhti, Minaz Chamadia, and Vijay Lakshmi Yogi

This case involves cross-appeals concerning the constitutionality of cosmetology statutes and administrative rules as they apply to eyebrow threading in Texas. The appellants, who operate eyebrow threading businesses, argued that these regulations infringe upon their constitutional right to economic liberty under article I, section 19 of the Texas Constitution. The district court granted summary judgment in favor of the Texas Department of Licensing and Regulation and its officials, denying the appellants' motion. The Court of Appeals, Third District, at Austin, affirmed the district court's judgment, finding that the challenged regulations are sufficiently rational and reasonable to meet constitutional due course requirements, falling within the state's police power for public health and safety concerns related to cosmetology services.

Eyebrow ThreadingCosmetology RegulationEconomic LibertyDue ProcessRational Basis ReviewPolice PowerSummary JudgmentTexas ConstitutionState AgenciesOccupational Licensing
References
61
Case No. MISSING
Regular Panel Decision

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

Justice Boyd concurs with the judgment that a Texas statute requiring eyebrow threaders to obtain an esthetician's license is unconstitutional. However, he disagrees with the Court's adoption of a new 'unreasonably burdensome that it becomes oppressive' test for the Texas Constitution's 'due course of law' provision. Instead, he believes a law violates due course of law only if it is 'arbitrary and unreasonable, and therefore oppressive, because it has no rational relationship to a legitimate government interest.' He finds the esthetician's license requirement for eyebrow threaders to be arbitrary, unreasonable, and oppressive as it lacks a rational relationship to public health and safety, despite agreeing that sanitation training is rational. Boyd emphasizes that courts should not 'legislate from the bench' but must exercise their authority to interpret the Constitution when a law is clearly arbitrary and unreasonable. He concludes that imposing the existing esthetician licensing scheme on eyebrow threaders is not rationally related to the legitimate government interest in promoting public health and safety.

Constitutional LawDue Course of LawEconomic RegulationOccupational LicensingEsthetician LicenseEyebrow ThreadingRational Basis ReviewArbitrary and UnreasonableTexas ConstitutionSubstantive Due Process
References
7
Case No. 12-0657
Regular Panel Decision
Jun 26, 2015

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

This dissenting opinion addresses a challenge by eyebrow threaders (petitioners) to Texas' cosmetology licensing scheme, which requires 750 hours of training for an esthetician license. The petitioners argue that these requirements are excessive and violate substantive due process, lacking a rational connection to public health and safety. Chief Justice Hecht's dissent argues against the majority's decision to strike down the regulation, contending that while the regulation might be 'injudicious' as policy, it is not unconstitutional. The dissent asserts that the regulation is rationally related to the state's legitimate interest in protecting public health and safety, citing potential health risks from hair removal and similar regulations in other states. It criticizes the majority for creating an 'oppressive' standard for substantive due process, departing from the established rational basis test and risking judicial overreach into legislative policy-making.

Economic LibertyDue ProcessSubstantive Due ProcessRational Basis TestCosmetology RegulationEyebrow ThreadingJudicial ActivismPolice PowerTexas ConstitutionOccupational Licensing
References
26
Case No. MISSING
Regular Panel Decision
Jan 06, 2003

Yanulavich v. Appeals Board of Administrative Adjudication Bureau of the New York State Department of Motor Vehicles

The petitioner appealed the dismissal of his CPLR article 78 proceeding, which challenged the Department of Motor Vehicles' (DMV) revocation of his driver's license. The revocation stemmed from an incident where the petitioner, who reported vision issues due to diabetes, struck a flag person. After failing initial vision tests and subsequently passing with corrective lenses, the petitioner failed a road test, leading to the license revocation. The appellate court affirmed the lower court's decision, ruling that the DMV had reasonable grounds, based on the accident, the petitioner's statement, and his physician's report, to require a road test, thus supporting the revocation.

driver's licenselicense revocationvision impairmentdiabetesroad test failureadministrative appealCPLR Article 78Vehicle and Traffic Lawreasonable groundsmotor vehicle accident
References
2
Case No. 2025 NY Slip Op 06107 [243 AD3d 986]
Regular Panel Decision
Nov 06, 2025

Matter of Dunkez Private Home Care, Inc. v. McDonald

The case involves Dunkez Private Home Care, Inc., a licensed home care services agency, challenging the Commissioner of Health's determination to revoke its license and impose a monetary penalty. The revocation stemmed from multiple deficiencies found during DOH surveys in 2019 and 2021, a substantiated patient complaint, and the agency's failure to comply with a temporary suspension order. The Appellate Division, Third Department, confirmed the Commissioner's determination, finding it supported by substantial evidence. The Court also found the penalty, license revocation and a monetary fine, was not disproportionate or shocking to one's sense of fairness, considering the serious danger posed to vulnerable patients.

Home Care Services AgencyLicense RevocationAdministrative LawJudicial ReviewSubstantial EvidenceDepartment of HealthCPLR Article 78Monetary PenaltyTemporary Suspension OrderPatient Care Deficiencies
References
12
Case No. MISSING
Regular Panel Decision

Tessler v. City of New York

The case involves an attorney, Mr. Tessler, who challenged the New York City Police Department's License Division's revocation of his handgun license following a domestic incident. The revocation was based on his alleged failure to properly safeguard his firearms and non-compliance with reporting requirements. While the court upheld the constitutional validity of the challenged regulations and found sufficient evidence for violations, it ruled that the License Division's penalty determination was partly based on an erroneous interpretation of firearm storage rules. Consequently, the court partially granted the respondents' motion to dismiss, denied part of the petitioner's claims, and remanded the case for a reevaluation of the penalty, urging consideration of the petitioner's personal circumstances.

Handgun License RevocationSecond Amendment RightsAdministrative LawDomestic IncidentFirearm SafetyRegulatory InterpretationJudicial ReviewDue ProcessNew York City Police DepartmentLicense Division
References
58
Case No. MISSING
Regular Panel Decision

Cerminaro v. Board of Regents

The case concerns a petitioner, a licensed registered nurse, who challenged the revocation of her license due to professional misconduct, including sexual contact with a patient and co-workers. Initially, a hearing panel found her guilty based on a "substantial legal evidence" standard. However, during the process, the Education Law was amended to require a "preponderance of the evidence" standard. While the initial panel failed to apply the stricter standard, the Regents Review Committee and the Board of Regents applied the correct standard during their review and affirmed the findings of guilt, recommending license revocation. The court confirmed this determination, finding sufficient evidence to support the decision and concluding that the procedural error was remedied by the subsequent reviews.

professional misconductnurse licenselicense revocationstandard of proofpreponderance of evidencesubstantial legal evidenceEducation Law violationsBoard of Regents decisionsexual misconduct chargesadministrative appeal
References
7
Case No. M2004-00647-COA-R3-CV
Regular Panel Decision
Nov 15, 2005

Yvonne N. Robertson v. Tennessee Board of Social Worker Certification and Licensure

The Tennessee Board of Social Worker Certification and Licensure appealed a Chancery Court decision that had set aside the Board's two-year license revocation of Yvonne N. Robertson. Robertson, a licensed clinical social worker, had her license revoked for engaging in a prohibited 'dual relationship' with a client. The Chancery Court ruled that the Board's sanctions were an abuse of discretion and arbitrary, partly due to the Board's consideration of Robertson's 1982 felony forgery conviction. The Court of Appeals of Tennessee reversed the Chancery Court's decision, determining that the Board was authorized to review its prior records and that the imposed sanction was both warranted in law and justified in fact. Consequently, the Board's original order of revocation was reinstated.

Social Worker CertificationLicense RevocationDual RelationshipUnethical ConductAdministrative LawJudicial ReviewStandard of ReviewProfessional EthicsAppellate Court DecisionTennessee Law
References
26
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