Disciplinary Counsel v. Rumes

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding an assessment against a producer of low-level radioactive waste to be a valid fee, despite the fact that the producer could not decline to pay the fee and remain in business
• in regulatory fee context, “element of choice is not a compelling consideration which can be used to invalidate an otherwise legitimate charge”
• lack of choice “not a compelling consideration which can be used to invalidate an otherwise legitimate charge”
• “[a] state administrative agency in Massachusetts has considerable leeway in interpreting a statute it is charged with enforcing”
• charge was fee where it funded particularized services provided by board, no part of charge was treated as general revenue and, in fact, went into separate fund
• “[T]he interpretation of statutory and regulatory language and the validity of the agency’s interpretation of its own regulation ... are questions of law, appropriate for [a court’s] resolution”

Source: CourtListener parenthetical corpus (CC0).