Challenge of board regulation must go through administrative appeal before judicial appeal
The Appellate Division of the New Jersey Superior Court held August 16 that a challenge to a board regulation by the state's [...]
Procedure
Case against board revived after trial court failed to notice that board had withdrawn preliminary objections
In an unusual case, a trial court judge in Pennsylvania failed to acknowledge two separate withdrawals of preliminary [...]
Licensee not entitled to appear in person at board’s deliberations to decide sanctions against her on remand
A physician whose sanction was being determined after a remand overturned part of the board's disciplinary decision was not [...]
Board’s use of protective order to withhold release of documents in wrong-side surgery case held to be against public policy
The Supreme Court of Oklahoma, in a June 2 ruling, reversed a decision by the state's medical board denying a doctor, who [...]
Potential for attorney fees not sufficient injury to justify continuing appeal of a vacated disciplinary decision
A nurse who had succeeded in getting a disciplinary order from the state's nursing board vacated had no standing to continue [...]
Discipline doomed by parties’ express denial of fault in private civil settlement agreement
A settlement between a licensee and the Veterans Administration could not be an evidentiary basis for a disciplinary [...]
Amendments to licensing act do not restart tolling for claims under statute of limitations
The U.S. District Court for the Western District of Oklahoma, in an April 12 decision, held that recent amendments to the [...]
Failure to file agency record into evidence ends disciplined licensee’s appeal
A veterinarian contesting a license suspension from Indiana's racing commission lost his appeal because he failed to file an [...]
Rejected applicant can’t sue Montana licensing agency from distant D.C.
A judge on the U.S. Federal Court for the District of D.C. overruled a default judgment entered by one of the court's clerks [...]
3-year delay too long to allow prosecution for practicing on lapsed license
A delay of three years between the moment an investigator learned of an accounting firm's practice on a lapsed license and [...]