No. 22-922

Ryan J. Welter v. Massachusetts Board of Registration in Medicine

Lower Court: Massachusetts
Docketed: 2023-03-22
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-discretion capacity-to-deceive career-ending-sanctions due-process fourteenth-amendment intent-materiality-harm misleading-statements occupational-licensing
Key Terms:
AdministrativeLaw ERISA DueProcess JusticiabilityDoctri
Latest Conference: 2023-05-25
Question Presented (AI Summary)

When can a licensing board impose career-ending sanctions based on truthful statements with potential to mislead?

Question Presented (OCR Extract)

QUESTION PRESENTED When a Legislature delegates authority to an occupational licensing board to prohibit “misleading” statements and conduct with “the capacity to deceive,” but no statute or regulation provides any standards for applying those indeterminate requirements, does the Due Process Clause of the Fourteenth Amendment prevent the board from imposing career-ending sanctions based on its conclusion that a party’s truthful statements have the potential to mislead and deceive, but with no evidence that the party acted with improper intent, or that the statements made were material or caused anyone harm?

Docket Entries

2023-05-30
Petition DENIED.
2023-05-09
DISTRIBUTED for Conference of 5/25/2023.
2023-03-20
2022-12-29
Application (22A577) granted by Justice Jackson extending the time to file until March 20, 2023.
2022-12-20
Application (22A577) to extend the time to file a petition for a writ of certiorari from January 18, 2023 to March 19, 2023, submitted to Justice Jackson.

Attorneys

Ryan J. Welter, M.D., Ph.D.
Ashley C. ParrishKing & Spalding, Petitioner