Summary
The Montana Supreme Court affirmed the district court’s judgment upholding the Montana Board of Medical Examiners’ revocation of Nathan A. Munn’s medical license for engaging in an improper sexual relationship with a patient. The Court held that the Board lawfully increased the hearing examiner’s recommended sanction after reviewing the complete record and that the revocation was not clearly erroneous, arbitrary, or capricious.
Holdings
- Under § 2-4-621(3), MCA, the Board may increase a hearing examiner's recommended penalty after reviewing the complete record; the Board therefore did not act contrary to law by revoking Munn's license.
- The Board's decision to increase the recommended penalty and revoke Munn's license was not arbitrary or capricious and was not clearly erroneous.
Questions Presented
- Whether the Board acted contrary to law by imposing a harsher penalty than the penalty recommended by the hearing examiner.
- Whether the Board's revocation of Munn's medical license was clearly erroneous, arbitrary, or capricious.
Disposition
affirmed
Cases Cited (8)
- Weitz v. Mont. Dep't of Natural Res. & Conservation, 284 Mont. 130, 943 P.2d 990 (1997)(followed)
- Tipp v. Skjelset, 285 Mont. 274, 947 P.2d 480 (1997)(followed)
- Carbon County v. Union Reserve Coal Co., Inc., 271 Mont. 459, 898 P.2d 680 (1995)(followed)
- Dep't of Soc. & Rehab. Servs. v. Shodair Hosp., 273 Mont. 155, 902 P.2d 21 (1995)(distinguished)
- Frazier Sch. Dist. No. 2 v. Flynn, 225 Mont. 299, 732 P.2d 409 (1987)(distinguished)
- Ulrich v. State Bd. of Funeral Serv., 1998 MT 196, 289 Mont. 407, 961 P.2d 126(distinguished)
- Brackman v. Bd. of Nursing, 258 Mont. 200, 851 P.2d 1055 (1993)(distinguished)
- Moran v. Shotgun Willies, Inc., 270 Mont. 47, 889 P.2d 1185 (1995)(distinguished)
Cited In (0)
No citing cases on record yet.
Court Document
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