Welcome to the NASCLA Top Regulatory Cases page. This page will provide current regulatory cases affecting the construction industry and regulatory agencies.
Case Reports
COUNCIL OF THE DISTRICT OF COLUMBIA – March 15th, 2021
Data released by the Council of the District of Columbia.
The Council of the District of Columbia have voted to pass the "Removing Barriers to Occupational Licensing for Returning Citizens Amendment Act of 2020", or D.C. Act 23-561. To view the full signed act, please click here.
Federation of Associations of Regulatory Boards (FARB) – February 10th, 2021
Data released by the Federation of Associations of Regulatory Boards (FARB).
The Federation of Associations of Regulatory Boards (FARB) have provided NASCLA with their Top Regulatory Case Data for your reference. To access the spreadsheet, please click here.
National Association of State Boards of Accountancy – October 26th, 2020
Press article released by the National Association of State Boards of Accountancy (NASBA).
NASHVILLE, Tenn., October 26, 2020 – U.S. Representatives Mike Conaway (R-TX-11), Jamie Raskin (D-MD-08) and David Cicilline (D-RI-01), recently introduced the Occupational Licensing Board Antitrust Damages Relief Act of 2020 (H.R.8680), which protects state licensing boards, their board members and staff from legal damages while performing licensing regulation duties that protect the public interest. The purpose of this important legislation is to address the practical antitrust law implications for state professional and occupational licensing boards affected by the Supreme Court’s 2015 decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission.
Read the whole story here.
Professional Licensing Report - July 30th, 2020
Top articles from the July 30th 2020 report, released by the Professional Licensing Report.
U.S. partially bases choice of sites for military bases on states’ success in improving reciprocity
The U.S. Department of Defense (DOD) confirms that decisions on where to site military bases and allocate other defense spending are being affected by the relative strictness of state policies for reciprocal licensing. The message came through clearly in a report the DOD delivered to Congress February 18 on state best practices and strategies for improving reciprocity for military spouses.
Read the whole story here.
No requirement to erase temporary ban on doctor’s treating female patients from federal Data Bank
A Texas case centered on the question of whether a temporary restriction of a physician's license should remain in the National Practitioner Data Bank, when the discipline against the physician was later dismissed.
Read more here.
FARB Top Regulatory Case – July 9th, 2020
Top case information released by the Federation of Associations of Regulatory Boards (FARB).
Kirk v. Delaware Board of Electrical Examiners
The Superior Court of Delaware upheld the Board of Electrical Examiners' findings that a licensed electrician violated the practice act by allowing an unlicensed employee to perform certain electrical work.
Read the whole story here.
FARB Top Regulatory Case – June 2nd, 2020
Top case information released by the Federation of Associations of Regulatory Boards (FARB).
In re New Jersey State Board of Examiners of Heating
The Colorado Court of Appeals agreed with the Board and dismissed an appeal of a denial of a reinstatement application for an electrician's license. The licensee was convicted of multiple felonies and, while incarcerated, his license expired.
Read the whole story here.
Professional Licensing Report – May 26th, 2020
Top articles from the May 1st, 2020 report released by the Professional Licensing Report.
One doctor, 50 licenses? Yes. De facto national licensing becoming a reality through telepractice
As remote delivery of professional services through telepractice becomes increasingly common, the prospect of national licensure, so long feared by many, is looking more likely all the time. But it's not happening through a targeted federal program; in medicine, it's popping up where licensees in one state decide to pursue licenses in all the rest.
Read the whole story here.
Consternation, alarm after 1,400 California pharmacy exam scores cancelled over leaked answers
For many pharmacist candidates, it was the last step on the road to a pharmacy license. But unfortunately, when thousands of people took the California Practice Standards and Jurisprudence Standards in late July, a problem arose.
Allegations that more than 100 questions, along with answers, had been exposed online in advance, surfaced and proved correct. The state Board of Pharmacy was faced with a difficult choice.
Read more here.
Professional Licensing Report - May 1st, 2020
Top articles from the May 1st, 2020 report released by the Professional Licensing Report.
Board Does Not Have Immunity, U.S. Court Rules in Accommodations Case
The New York State Board of Law Examiners is an arm of an agency that accepts federal funding and is thus not entitled to immunity under the Eleventh Amendment of the Constitution for suits under the federal Rehabilitation Act, a federal judge ruled September 18 (T.W. v. New York State Board of Law Examiners).
The board denied an aspiring attorney (who is not named in court documents) her requested accommodations when she took the state's bar exam in 2013 and 2014.
Read the whole story here.
With "Deregathon," Florida Changes Rules to Reduce Regulatory Burden
Since January 2019, spurred by Governor Ron DeSantis, the state of Florida has been on a deregulatory binge in matters relating to employment-with the emphasis upon occupational licensing.
On October 8, DeSantis announced some of the results of his administration's "Deregathon" in a laundry list of 50+ specific rules adopted across a range of licensing boards.
Read the whole story here.
FARB Top Regulatory Case - April 30th, 2020
Top case information released by the Federation of Associations of Regulatory Boards (FARB).
Frye v. State Electrical Board
The Colorado Court of Appeals agreed with the Board and dismissed an appeal of a denial of a reinstatement application for an electrician's license. The licensee was convicted of multiple felonies and, while incarcerated, his license expired.
Read the whole story here.
FARB Top Regulatory Case - April 27th, 2020
Top case information released by the Federation of Associations of Regulatory Boards (FARB).
JRK Contractor, LLC v. Board of Registration
A contractor licensed by the county had his license revoked based upon multiple complaints that were investigated and uncovered wrongdoing. The matter matriculated through administrative processes and resulted in the revocation.
Read the whole story here.
FARB Top Regulatory Case - February 4th, 2020
Top case information released by the Federation of Associations of Regulatory Boards (FARB).
Ingram v. North Carolina State Board of Plumbing, Heating and Fire Sprinkler Contractors
The North Carolina Court of Appeals held that the State Board of Plumbing, Heating and Fire Sprinkler Contractor's order suspending a license because the licensee acted incompetently and also engaged in license peddling.
Read the whole story here.
Regulatory Cases Presented at NASCLA Annual Conferences
NASCLA 2019 Annual Conference
NASCLA 2018 Annual Conference
NASCLA 2017 Annual Conference
NASCLA 2016 Annual Conference
The Foundation of Regulation: Deregulation Stimulated by SCOTUS - Presented by Dale Atkinson, JD, Atkinson & Atkinson and Executive Director, Federation of Associations of Regulatory Boards (FARB)
The Three R's: Relevant Regulatory Rulings - Presented by Dale Atkinson, Atkinson & Atkinson
NASCLA 2015 Annual Conference
State of the Union: A Look at the Retaining Walls of Regulation
Regulatory Cases
ACLU of Ariz. Dep't of Child Safety
Adams Quality Heating & Cooling v. Erie County Health Department
Alley & Company, Inc. v. Office of Administrative Hearings, Contractors' State License Board
Board of Licensing and Medical Discipline v. Cabral Jimenez
Dale Thomas Winkler & Dj's Heating Serv. v. State Bd. of Examiners of Plumbing
Haynes v. Breathing Ctr. of Houston
Holmes v. Culver Design Build, Inc.
In re Provisional Accreditation of Eastwick College Sch. of Registered Nursing
Innovative Deisgn & Contr. LLC v. Constr. Contrs. Bd.
N.C. v. N. H. Bd. of Psychologists