# O'Donnell v. Maine State Bd. of Nursing > Superior Court of Maine · December 20, 2004 URL: https://www.frixlaw.com/law-library/cases/10807889 ## Case - **Court:** Superior Court of Maine - **Decided:** December 20, 2004 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Donald H. Marden - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10807889 ## Opinion text STATE OF MAINE SUPERIOR COURT CIVIL ACTION KENNEBEC ss. DOCKET NO. AP-04-39, DEM- KEN - \>] a jRnoor PETER O/DONNELL, Petitioner v. DECISION AND ORDER MAINE STATE BOARD OF vi Ly NURSING, Respondent tS OP ge Once again Mr. O’Donnell is before the court on a M.R. Civ. P. 80C petition for review. In rather vague language, the petitioner complained to the Maine State Board of Nursing regarding activities of a licensed registered professional nurse approved as a nurse practitioner. The respondent dismissed petitioner’s complaint on the basis of a finding of no violation of law regulating the practice of nursing. An appeal of an administrative agency’s imposition of a penalty is reviewed by the court for an abuse of discretion, errors of law or findings not supported by the evidence. Maine Real Estate Commission v. Jones, 670 A.2d 1385 (Me. 1996). This court will not attempt to second-guess the agency on matters falling within its realm of expertise. Wood v. Supt. of Insurance, 638 A.2d 67 (Me. 1994). It is clear that licensing boards do not have jurisdiction over individuals who do not hold a license pursuant to that board. Golz v. Maine Real Estate Commission, 634 A.2d 1288 (Me. 1993). “To acquire standing to obtain judicial review of an administrative action, a person must demonstrate a particular injury therefrom ... the agency’s action must actually operate prejudicially and directly upon a party’s property, pecuniary or personal rights.” Storer v. Dept. of Environmental Protection, 656 A.2d 1191 (Me. 1995). It would appear from petitioner's filings and oral argument that he believes that the nurse practitioner conducted an unnecessary medical examination. The proceedings before the Maine State Board of Nursing was concerned with the qualifications of the nurse practitioner to continue in her profession under her license. Since the petitioner in this case has no legal stake in the outcome of such a disciplinary matter, he has no standing to bring this petition for review. Furthermore, the nurse practitioner is a necessary party to any action reviewing the complaint as to her activities and such party has not been joined in this action. In examining the record, the court finds no basis for concluding that the Maine State Board of Nursing abused its discretion in dismissing the complaint by the petitioner. The entry will be: The decision of the Maine State Board in Nursing in the matter of Sandra J. Picard dated June 10, 2004, is AFFIRMED. Dated: December _ 2 __, 2004 TT Donald H. Marden Justice, Superior Court Date Filed __6/25/04 Kennebec Docket No. __AP04-39 County Action Petition for Reivew 80C Peter David O'Donnell VS. State of Maine, Board of Nursing Plaintiff’s Attorney Defendant’s Attorney Peter David O'Donnell, Pro Se John Richards, AAG 277 Nelson Lane Palermo, Maine 04354 Office of Attorney General 6 State House Station Augusta ME 04333-0006 Date of Entry . 6/25/04 Petition for Review, filed. s/O'Donnell, Pro Se Application of Plaintiff to Proceed Without Payment of Fees, filed. O'Donnell, Pro Se Indigency Affidavit, filed. s/O'Donnell, Pro Se 7/2/04 ORDER ON APPLICATION TO PROCEED WITHOUT FEES, Marden, J. It is ORDERED that the applicant pay $200.00 toward the filing fee, servic costs as follows: $25.00 each week beginning August 1, 2004. Copy mailed to Plitf. 7/14/04 Appearance and Statement of Position, filed. s/J. Richards, AAG. 7/15/04 Sheriff's Return of Service of service of the Notice of Petition was served in hand to Myra Broadway on 7/6/04, filed. (filed by Petitioner) 7/16/04 Letter requesting payments be made on the 4th of every month rather than the lst of every month, filed. s/P. ODonnell, Pro se Petitioner. 7/26/04 ORDER dated 7/21/04, filed. s/Studstrup,J. Request GRANTED. Next payment due 8/4/04. Copy issued to P. O'Donnell, POO SE Fetiinevaer Pro Se Petitio 7/30/04 Record, filed. s/Richards, AAG. Notice of briefing schedule mailed to Pltf. and atty of record. 8/12/04 Petitioner's Brief, filed. s/Peter D. O'Donnell,. Pro Se Notice of setting for il / alo¢ ws sentto attorneys of record, 11/3/04 Hearing had with the Hon. Justice Donald Marden, presiding. Tammy Drouin, Peter O'Donnell, Pro Se Plaintiff and John Richards, AAG Oral arguments made to the court. Court to take matter under advisement, --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10807889. Public record. Not legal advice.