185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in
administrative proceeding against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a buyer that the law requires a seller to make; disclosure by seller's agent to buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed
No judicial or
administrative proceeding against a holder of a certificate shall be abated as a result of this chapter.
Not exact matches
«In the light of the foregoing, our client has instructed us to serve you notice of its intention to institute legal
proceeding against the State as a result of the wrongful interference by State officials with our client's right to» prospect on its concession and also a breach of its right to
administrative justice, the latter cause of action resulting from the seizure and - detention of trucks without, due process as well as recover all sums of money our client must pay to Engineers an Planners by reason of the actions of die State officials responsible for the seizure and detention of the trucks.»
- You are subject to any legal or
administrative orders or levies; liens
against your account; or you are currently a party in a bankruptcy
proceeding.
Additionally, the duties of
proceeding against the unprofessional and unlawful practice of veterinary medicine and enforcing the Veterinary Practice Act is also delegated to the Board as specified in the above referenced statutes and
administrative codes.
If the privilege is available, advantages of asserting the privilege include that the client may be prevented from making statements in a civil
proceeding that could be used
against him or her in future criminal or civil proceedings or private civil litigation.82 In addition, testifying in a civil or criminal
proceeding may, under certain circumstances, amount to a waiver of the Fifth Amendment privilege for purposes of the same
proceeding and any future proceedings.83 Conversely, risks of asserting the privilege include that adverse inferences may, under certain circumstances, be drawn in civil or
administrative proceedings from an individual's assertion of Fifth Amendment rights in a prior civil or
administrative proceeding.84 Moreover, an individual's assertion of the privilege in a civil
proceeding could factor into law enforcement's charging decisions.
The SEC filed an
administrative proceeding today regarding a Cease & Desist instituted
against SecondMarket and Bitcoin Investment Trust (BIT).
Any judicial or other
proceeding relating to a matter arising out of the management of the
administrative affairs of the Court under this Part, including any
proceeding relating to anything done by the Chief Executive Officer under this Part, may be instituted by or
against the Commonwealth, as the case requires.