Opinion

State of Maine v. Adams

Court
Superior Court of Maine
Filed
Nov 27, 2000
Status
Unpublished
On the bench
S. Kirk Studstrup
Cited by
0 cases

The opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION

KENNEBEC, ss. DOCKET NO. AP-00-53

SKS- KEv/ - \/2 7/2000

STATE OF MAINE and

MAINE BOARD OF PHARMACY,

Appellants

v. . DECISION ON APPEAL

CHRISTY C. ADAMS,

Appellee

This matter came before the court on appeal pursuant to M.R. Civ. P. 76D

from the decision of the Administrative Court dismissing due to lack of subject

matter jurisdiction a complaint for enforcement of a consent agreement. The

appellants claim that the Administrative Court made an error of law when it

decided that the enforcement complaint was beyond that court’s jurisdiction.

Finding no error, the appeal will be denied.

The background for this matter is not disputed. In 1992, the parties entered a

consent agreement based primarily on Adams’ addiction to various substances

including prescription drugs. In August, 1999, the plaintiffs/appellants filed a

complaint with the Administrative Court alleging that Adams had violated the

conditions of the consent agreement and had performed other independent acts

which constitute grounds for revocation of his license to practice pharmacy. The

complaint was scheduled for hearing before the Administrative Court on May 15,

2000, at which time the court raised sua sponte whether that court had subject

1

matter jurisdiction to consider enforcement of the consent agreement. In light of

the court’s statements on the jurisdictional issue and facing the prospect of dividing

their causes of action between two courts, the appellants declined the opportunity to

present evidence on allegations which did not assert violation of the consent

agreement. The Administrative Court subsequently issued its order dated May 23,

2000, dismissing that portion of the complaint seeking enforcement of the consent

agreement for lack of jurisdiction and granting judgment to the defendant with

regard to allegations of misconduct other than violation of the consent agreement.

The plaintiffs have appealed the first portion of the Administrative Court’s decision

dealing with the dismissal.

The sole issue presented on appeal concerns the Administrative Court’s

interpretation of the last sentence of 10 M.R.S.A. § 8003(5)(B) which states: “A

consent agreement is enforceable by an action in Superior Court.” Paragraph B in

general authorizes the various bureaus, offices, boards and commissions within or

affiliated with the Department of Professional and Financial Regulation to execute

consent agreements resolving complaints or investigations without further

proceedings. The paragraph then ends with the sentence quoted above, which

appears to vest jurisdiction for enforcement of these agreements in the Superior

Court. The question is whether this jurisdiction is exclusive, as held by the

Administrative Court, or whether it is to be exercised concurrently with the

Administrative Court, as argued by the plaintiffs /appellants.

The plain language of the statute would appear to support exclusive

jurisdiction since there is no mention of the Administrative Court nor is there

mention of enforcement of consent decrees under the Administrative Court’s

general jurisdiction. This failure to mention jurisdiction of the Administrative

Court is important to interpreting the statute since the Legislature clearly had the

vocabulary to vest that jurisdiction as they did later in the same section, “Any

nonconsensual disciplinary action . . . is subject to judicial review exclusively in the

Administrative Court ...”. 10 M.R.S.A. § 8003(5)(D). It is clear that the Legislature

distinguished between the jurisdiction of the two courts within the same statutory

framework.!

The plaintiffs raise excellent policy arguments for why they should be allowed

to pursue both enforcement of the consent agreement and other separate violations

in one forum. Judicial economy, unity of actions, and other points are well taken,

but are more appropriately addressed to the Legislature.”

The entry will be:

Appeal DENIED. REMANDED to the Administrative Court.

Dated: November Zz 7 , 2000

S. Kirk Studstrup

Justice, Superior Court

1 Tt occurs to the court that the legislative distinction may be the result of the different

procedures in the two courts. If the Legislature intended that parties to a consent agreement should

have the right to a jury trial as part of an enforcement action, then the action would have to be brought

in the Superior Court since there are no juries in the Administrative Court.

2 It is unclear whether recent legislation abolishing the Administrative Court would have any

effect upon the issue raised by this appeal.

8/7/00

Date Filed Kennebec

Docket No. AP00-53

County

Appeal from Administrative Court

Request to Revoke License

Action

State of Maine & Maine Board of Pharmacy’Ys.

J. STUDSTRUP

Christy. C. Adams

Plaintiff's Attorney

James Bowie,AAG

State House Station #6

Augusta, Maine 04333-0006

Defendant’s Attorney

Robert C. Brooks,Esq.

‘One Portland Square

P.O. Box 586

Portland, Maine 0411

-0586

F eps Al r

2

&

DEC 4 OF

Date of 2008

Entry

8/8/00 Appeal from Administrative Court with all papers, filed.

8/9/00 Notice of briefing schedule mailed to attys of record.

9/11/00 Brief in Support of Plaintiffs' Motion to Alter, Amend, Vacate or Set Aside

the Administrative Court's Decision and Order of May 23, 2000, filed on

9/7/00. s/Bowie, AAG. (attached exhibits)

10/10/00 Defendant/Appellee's Brief in Response to Plaintiff/Appellants' Brief in

Support of Motion to Alter, Amend, Vacate or Set Aside the Administrative

Court's Decision and Order of May 23, 2000, filed. s/Brooks, Esq.

Affidavit of Robert Brooks, Esq., filed.

------- Reply Brief in Support of Plaintiffs' Motion to Alter, Amend,Vacate or Set

Aside the Adminstrative Court's Decision and Order on May 23, 2000 (M.R.Civ.

P. 76D; M.Admin.Ct.R.60(c)), filed. s/Bowie, AAG

Notice of setting fer 1/200

sent to attorneys of record.

10/19/00 Motion for Continuance, filed. s/Brooks, Esq.

11/1/00 MOTION FOR CONTINUANCE, Studstrup, J.

Motion granted. -

Copies mailed to attys of record.

11/6/00 Notice of setting of oral arguments on 11/21/00 at 8:15 a.m. sent to attys

of record.

x’

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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