|1:30pm||Wednesday, October 18, 2006|
North Dakota State Board
of Medical Examiners --
Investigative Panel B, Complainant, Appellant
George S. Hsu, M.D., Respondent, Appellee
South Central Judicial District,
Judge Sonna M. Anderson
|Nature of Action:||Administrative Proceeding|
|Issues:||Appellant's Statement of the Issues:|
ISSUE I. Did the district court err in finding that the Board failed to comply with N.D.C.C. 28-32-39(3)?
ISSUE II. Did the district court err in reversing the Board's Order of Revocation?
ISSUE III. Did the district court err in issuing an Order and Writ of Mandamus compelling the Board to adopt the ALJ's recommended sanction of monitoring? Issues from Reply Brief of Appellant
Issue I. The District Court erred 1) in finding that the Board failed to comply with N.D.C.C. 28.32-39(3), 2) by reversing the Board's revocation order, and 3) by issuing a Writ of Mandamus.
Issue II. The District Court did not err in finding that the preponderance of the evidence standard of proof is appropriate in disciplinary actions involving physicians.
Issue III. The District Court did not err in finding that there was no violation of due process because of the Board's choice of investigator.
Issue IV. The District Court erred in awarding Hsu attorney's fees and for finding that the Board's position was not substantially justified.
Appellee's Statement of the Issues:
Reply Brief and Cross-Appellant Issues
I. The district court was correct in awarding attorney's fees to Doctor Hsu.
Generated from Supreme Court Docket on 10/31/2006