Random testing, cocaine, due process

Joesph Luca appeals a state review board's decision to revoke his license to work as a barber. After he was convicted of a criminal offense, state officials revoked Luca's license. At the time, he admitted to being addicted to cocaine and to selling the drug. He subsequently applied for reinstatement. State officials agreed to a probationary period in which Luca would submit to random drug and alcohol testing. State officials documented problems with the agreement almost immediately and filed a petition with the state's review board to revoke Luca's license.

A state licensing review board concluded that Luca violated the terms of his probation agreement and revoked his master barber's license. The board concluded that Luca failed to satisfy probation provisions concerning drug and alcohol testing. Luca now appeals.

Luca wins. The Superior Court of Connecticut overturned the state board's ruling and remanded the case for reinstatement of Luca's master barber's license. The court instructed the state board to follow the terms of the original probation agreement. The court noted that state officials failed to submit sufficient evidence to support their action against Luca.