No. 18-7768

Jon M. Strauss v. Kentucky Board of Medical Licensure

Lower Court: Kentucky
Docketed: 2019-02-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment administrative-law constitutional-law due-process fourteenth-amendment hearing-record license-restriction licensing state-agency state-law
Key Terms:
AdministrativeLaw DueProcess JusticiabilityDoctri Jurisdiction
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Is it a violation of the Fourteenth Amendment right to due process for an independent state agency, completely dependent on member financing, to restrict a license, by accepting the hearing officer recommendations, without the board 'considering the record', specifically mandated by state law, of a hearing process presided over by the contracted hearing officer, paid by this board?

Question Presented (from Petition)

Questions Presented 1) Isita violation of the Fourteenth Amendment right to “due process” for an~ independent state agency, completely dependent on member financing, to restrict a license, by accepting the hearing officer recommendations, without the board “considering the record”, specifically mandated by state law, of a hearing process presided over by the contracted hearing officer, paid by this board. 2) Is astate Supreme Court permitted to willfully ignore the specific state legislative intent of a law by allowing an administrative agency to restrict a license without “considering the record”, any evidence of a hearing and further ignoring the above question? ~

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-08
Waiver of right of respondent Kentucky Board of Medical Licensure to respond filed.
2019-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 7, 2019)

Attorneys

Jon M. Strauss
Jon M. Strauss — Petitioner
Jon M. Strauss — Petitioner
Kentucky Board of Medical Licensure
Leanne K. DiakovKentucky Board of Medical Licensure, Respondent
Leanne K. DiakovKentucky Board of Medical Licensure, Respondent