Opinion

Lyness v. Com., State Bd. of Medicine

  • 127 Pa. Commw. 225
  • 561 A.2d 362
  • 1989 Pa. Commw. LEXIS 460
Court
Commonwealth Court of Pennsylvania
Filed
Jun 29, 1989
Status
Published
Author
Crumlish
On the bench
Crumlish, Craig, Barry, Colins, Palladino, McGinley, Smith, Doyle
Cited by
12 cases
Authority
More cited than 10.2%

Reversed on other grounds by Lyness v. Com., State Bd. of Medicine, 529 Pa. 535 (1992)

The opinion

CRUMLISH, Jr., President Judge.

I respectfully dissent.

*244 As the majority notes, “[t]he Board followed its standard operating procedure in prosecuting and adjudicating this matter.” (Footnote omitted). The majority also notes that the Board not only made the initial decision to issue a complaint against Lyness, but ultimately adjudicated that complaint by ordering, without an evidentiary hearing or oral argument, a harsher sanction than that imposed by the hearing examiner. Such involvement constitutes an impermissible commingling of prosecutorial and adjudicatory functions under Dussia v. Barger, 466 Pa. 152 , 351 A.2d 667 (1975).

Thus, for the reasons more fully explained in my dissent in Bruteyn Appeal, 32 Pa.Commonwealth Ct. 541, 380 A.2d 497 (1977), I would reverse.

COLINS, J., joins in this dissent.

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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