Jon M. Strauss v. Kentucky Board of Medical Licensure
AdministrativeLaw DueProcess JusticiabilityDoctri Jurisdiction
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?
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? ~