review of agency proceeding; where Board members visit scene, counsel are entitled to be present, and any facts acquired during the visit must be revealed at the hearing so that the parties may meet them by evidence or argument
How later courts described this case
- review of agency proceeding; where Board members visit scene, counsel are entitled to be present, and any facts acquired during the visit must be revealed at the hearing so that the parties may meet them by evidence or argument
- CAG has standing to seek D.C.Court of Appeals review under § 1 1510 of issuance of liquor license
Written by the judges who cited it.
The opinion
PAIR, Associate Judge
(concurring).
I concur in the conclusion reached by Judge Gallagher in the majority opinion but solely for the reason that the Board, in deciding that a license should issue, may have officially noticed and relied upon reports not made a part of the administrative record.
I am, however, forced to disassociate myself from any participation in Judge Gallagher’s holding that this court may overturn the Board’s finding of moral fitness, even though there is no challenge to such finding and no contrary evidence respecting moral fitness appears of record. See Braniff Airways, Inc. v. C. A. B., 126 U.S.App.D.C. 399, 409 , 379 F.2d 453, 463 (1967).