- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 06-16-2021
- Case #: A172081
- Judge(s)/Court Below: Mooney, J. for the Court; DeVore, P.J.; & DeHoog, J.
- Full Text Opinion
Licensee, Sachdev, petitioned the Court to review a final order issued by the Oregon Medical Board (“board”). Licensee claims the Board violated her due process right and that the order was not supported by substantial evidence and reason. The Board responds that it offered adequate due process and that its final determination was supported by sufficient evidence and reason. Administrative procedures are reviewed for constitutional violations by balancing the individual and governmental interests. Morrissey v. Brewer, 408 US 471, 481 (1972). When issuing a final order, “the rational connection between the facts and the legal conclusion it draws from them” must be clearly articulable. Ross v. Springfield School Dist. No. 19, 294 Or 357, 370 (1982). The Court found that Licensee was given ample due process, because she was offered to present evidence and make objections during a 10-day trial proceeding the final order. On first remand, the Court affirmed only Licensee’s license suspension order, and the Board provided adequate reasoning for its determination which was based solely on the suspension order. The Court also reasoned that the board had ample evidence from the prior 10-day hearing. Affirmed.