valuable privilege in Pennsylvania

2023It is a bedrock principle that once a professional license is acquired, it becomes “a valuable privilege or right in the nature of property,” Shah v. State Board of Medicine, . . . 589 A.2d 783, 787 (Pa. Cmwlth. 1991), and “[t]here is little doubt that [the p]etitioner has a substantial interest to be protected.” Bhattacharjee v. Department of State, [State Board of Medicine], 808 A.2d 280, 283 (Pa. Cmwlth. 2002); see Telang[v. Bureau of Professional and Occupational Affairs], 751 A.2d 1147 [,] 1150 [Pa. 2000)].

2018It is a bedrock principle that once a professional license is acquired, it becomes "a valuable privilege or right in the nature of property," Shah v. State Board of Medicine , 139 Pa.Cmwlth. 94 , 589 A.2d 783 , 787 (Pa. Cmwlth. 1991), and "[t]here is little doubt that Petitioner has a substantial interest to be protected." Bhattacharjee v. Department of State , 808 A.2d 280 , 283 (Pa. Cmwlth. 2002) ; see Telang , 751 A.2d at 1150 .

2010See Man O’ War Racing Ass’n v. State Horse Racing Comm’n, 433 Pa. 432 , 250 A.2d 172 (1969) (a horse racing license is a valuable privilege for which an applicant expends large sums of money; thus an unsuccessful applicant has standing to challenge the granting of licenses to others).

2010See Man O’ War Racing Ass’n v. State Horse Racing Comm’n, 433 Pa. 432 , 250 A.2d 172 (1969) (a horse racing license is a valuable privilege for which an applicant expends large sums of money; thus an unsuccessful applicant has standing to challenge the granting of licenses to others).

2023It is a bedrock principle that once a professional license is acquired, it becomes “a valuable privilege or right in the nature of property,” Shah v. State Board of Medicine, . . . 589 A.2d 783, 787 (Pa. Cmwlth. 1991), and “[t]here is little doubt that [the p]etitioner has a substantial interest to be protected.” Bhattacharjee v. Department of State, [State Board of Medicine], 808 A.2d 280, 283 (Pa. Cmwlth. 2002); see Telang[v. Bureau of Professional and Occupational Affairs], 751 A.2d 1147 [,] 1150 [Pa. 2000)].

2018It is a bedrock principle that once a professional license is acquired, it becomes "a valuable privilege or right in the nature of property," Shah v. State Board of Medicine , 139 Pa.Cmwlth. 94 , 589 A.2d 783 , 787 (Pa. Cmwlth. 1991), and "[t]here is little doubt that Petitioner has a substantial interest to be protected." Bhattacharjee v. Department of State , 808 A.2d 280 , 283 (Pa. Cmwlth. 2002) ; see Telang , 751 A.2d at 1150 .

2023It is a bedrock principle that once a professional license is acquired, it becomes “a valuable privilege or right in the nature of property,” Shah v. State Board of Medicine, . . . 589 A.2d 783, 787 (Pa. Cmwlth. 1991), and “[t]here is little doubt that [the p]etitioner has a substantial interest to be protected.” Bhattacharjee v. Department of State, [State Board of Medicine], 808 A.2d 280, 283 (Pa. Cmwlth. 2002); see Telang[v. Bureau of Professional and Occupational Affairs], 751 A.2d 1147 [,] 1150 [Pa. 2000)].

2018It is a bedrock principle that once a professional license is acquired, it becomes "a valuable privilege or right in the nature of property," Shah v. State Board of Medicine , 139 Pa.Cmwlth. 94 , 589 A.2d 783 , 787 (Pa. Cmwlth. 1991), and "[t]here is little doubt that Petitioner has a substantial interest to be protected." Bhattacharjee v. Department of State , 808 A.2d 280 , 283 (Pa. Cmwlth. 2002) ; see Telang , 751 A.2d at 1150 .

2011However, we adopt the reasoning in Moore that a license, such as that conferred in an agent service agreement, is a valuable privilege which may not be suspended or revoked without due process. 989 A.2d at 52.

2011Section 702 of the Administrative Agency Law, 2 Pa. C.S. § 702, provides that “[a]ny person aggrieved by an adjudication of a Commonwealth agency who has a direct interest in such adjudication shall have the right to appeal therefrom to the Court vested with jurisdiction of such appeals.” Therefore, as was stated in Moore, “[b]e-cause the Administrative Agency Law is the default procedure for dealing with appeals, the elimination of the specific appeal contained in Section 7503 did not eliminate the right to appeal, it just placed the procedure for appeal within the Administrative Agency Law.”

1993See also, Employers Liability Assurance Corporation v. Greenville Business Men's Association, 423 Pa. 288 , 224 A.2d 620 .

1993See also, Employers Liability Assurance Corporation v. Greenville Business Men's Association, 423 Pa. 288 , 224 A.2d 620 .

1981On the contrary, it uniformly was regarded as a valuable privilege bestowed upon the person accused of crime for the purpose of safeguarding him against the oppressive power of the King and the arbitrary or partial judgment of the court.” Patton v. United States, 281 U.S. 276, 295-97 , 50 S.Ct. 253, 257 , 74 L.Ed. 854 (1930), quoting with approval Dickinson v. United States, 159 F. 801, 820 (1st Cir. 1908) (dissenting opinion of Aldrich, J.).