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Legal Memorandum: Administrative Sanctions on a Medical Practice

Issue: When may a court might decrease administrative sanctions or vacate a stipulation in a situation where a Medical Board of Examiners in North Dakota intentionally imposes conditions on a license that are impossible to perform.

Area of Law: Administrative Law, Administrative Law & Regulation (Federal and State), Litigation & Procedure
Keywords: Decrease administrative sanctions; Vacate a stipulation; Medical practice
Jurisdiction: North Dakota
Cited Cases: 34 N.Y.2d 222; 4 A.D.2d 361; 165 N.Y.S.2d 179; 406 S.E.2d 345; 691 A.2d 862; 305 S.C. 194; 448 N.W.2d 607; 632 N.W.2d 424; 645 A.2d 677; 2001 N.D. 141; 557 N.W.2d 379; 90 N.J. 550; 313 N.E.2d 321; 342 So. 2d 1023; 73 N.J. 292; 449 A.2d 7; 374 A.2d 1191; 299 N.J. Super. 607
Cited Statutes: N.D. Cent Code § 43-17-31; N.D. Cent Code § 43-17-30.1; N.D. Cent Code § 28-32-46
Date: 05/01/2004

Sletten v. Briggs, 448 N.W.2d 607 (N.D. 1989) (settlement stipulation ending investigation of physician’s North Dakota medical practice was enforceable absent evidence that physician was misled or did not enter into stipulation knowingly and willingly, and where enforcement would not work manifest injustice.).

In re Markoff, 299 N.J. Super. 607, 691 A.2d 862 (App. Div. 1997) (“exceptional circumstances” may persuade court to reopen a voluntarily entered order of surrender of medical license with prejudice, e.g., where evidence shows that physician’s agreement to the consent order was other than knowingly, voluntarily and intelligently done with representation by competent legal counsel).

Gale v. N.D. Bd. of Podiatric Med., 2001 N.D. 141, 632 N.W.2d 424 (2001) (waiver of right to administrative hearing by settlement agreement must be a voluntary and intentional relinquishment of a known existing advantage, right, privilege, claim or benefit).

Pell v. Bd. of Educ., 34 N.Y.2d 222, 313 N.E.2d 321 (1974) (test for reviewing sanctions imposed by administrative agency is whether such punishment is “so disproportionate to the offense, in light of all the circumstances, as to be shocking to one’s sense of fairness” (quoting Stolz v. Bd. of Regents, 4 A.D.2d 361, 364, 165 N.Y.S.2d 179 (1957)).

In re Polk, 90 N.J. 550, 449 A.2d 7 (1982) (case remanded for […]

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