A Licensee Must Be Given a Meaningful Opportunity to Contest a License Suspension
Anonymous Physician v. SCDLLR, 98-ALJ-11-0480-IJ (1998).
A psychiatrist licensed to practice in South Carolina was charged with committing a lewd act upon a nine year old minor. The Board issued an Order for Temporary Suspension of the psychiatrist's license. The Board then denied the licensee's Petition for Reinstatement without holding a hearing.
The Administrative Law Court cited section 1-23-270(c) of the South Carolina Code of Laws. The Court noted that a Board must make specific findings of fact in its orders. In the case at issue, no evidence of any such findings existed. Where material facts are in dispute, the Board may not simply recite the facts and reach a conclusion without any investigation.
The Court therefore concluded that suspending the petitioner's license without offering him a meaningful opportunity to contest the suspension constitutes a denial of due process. The license was reinstated, therefore, pending a "prompt" resolution of the disciplinary claims against petitioner.
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Posted by Ryan McCabe at 3/11/2009 9:51 AM 
Categories: Due Process,Disciplinary Proceedings,Board of Directors,Investigation
Categories: Due Process,Disciplinary Proceedings,Board of Directors,Investigation
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