Opinion

Burton v. Oregon State Board of Dental Examiners

  • 31 Or. App. 1045
  • 571 P.2d 1295
  • 1977 Ore. App. LEXIS 2866
Court
Court of Appeals of Oregon
Filed
Dec 5, 1977
Status
Published
On the bench
Johnson, Schwab, Tanzer
Cited by
3 cases
Authority
More cited than 56.5%

The opinion

PER CURIAM.

Petitioner’s license to practice dentistry was suspended for six months upon a determination by the Board of Dental Examiners that he had referred a patient to a dental laboratory for the fitting of a denture, in other words, for the purpose of dental treatment by a person not licensed to practice dentistry. On review, petitioner contends only that there was an absence of substantial evidence to so find and that the penalty was excessive.

On the evidentiary question, petitioner argues that the substantial evidence for which we review under ORS 183.482(8)(d) must be clear and convincing. The argument is misconceived. The statutory substantial evidence rule requires us to review for that quantum of evidence. The various standards of proof (e.g., preponderance, clear and convincing, beyond reasonable doubt) are directions to the fact finder as to the degree of certainty which must exist in the mind of the fact finder as to any finding of fact. They are not applicable on appeal and we do not weigh the evidence to assess its degree of persuasiveness. We may only examine the record for the existence of substantial evidence.

Regarding sanction, see, Mary’s Fine Food, Inc. v. OLCC, 30 Or App 435 , 567 P2d 146 rev pending (1977).

There being no other challenges to the order, it is affirmed.

Affirmed.

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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