It’s always disappointing when a dentist receives an unfavorable decision from the Arizona Dental Board (“ADB“). However, dentists in Arizona can benefit from understanding the process that goes along with Arizona Dental Board appeals and hearings after a case is heard by the Board. Suppose you face an unfavorable outcome due to an offered disciplinary action, consent agreement, or order. In that case, you can always appeal the decision and request an administrative hearing before the Office of Administrative Hearings.
Links of Interest
Filing an Appeal after a Dental Board Meeting
The investigatory process and the appeal process work like this: Once the Board receives a complaint or self-report they will then initiate an investigation into the Arizona dentist license. The purpose of this investigation is to give the ADB evidence to make a decision on whether or not a dentist should face disciplinary action. If the dentist receives an unfavorable formal disciplinary decision, it is at this point, they can then file an appeal and request a hearing with the Arizona Office of Administrative Hearing. An Administrative Law Judge will then oversee the appeal and the dentist may need to attend a hearing. However, sometimes the investigation is automatically sent to a hearing or an informal settlement conference can be held (if requested).
Arizona Administrative Appeal and Hearing
Any dentist licensee may request a legal appeal of the Board’s Discipline to an administrative law judge with the Arizona Office of Administrative Hearings (OAH) which is located in Phoenix. In some instances, a case is sent automatically to OAH. Arizona’s OAH hearing is conducted before an Administrative Law Judge (ALJ). The administrative process is not as formal as a trial but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A dentist’s attorney can cross-examine witnesses and testify on their behalf. After it is completed, the ALJ reviews the transcripts, and evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If an individual feels there has been a mistake they can request a rehearing by appealing the decision.
Consultation with Stark Law
If you’re interested in learning more about our Arizona Dental Board Attorney services and how to protect your license, set up a consultation with Stark Law today.