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
Latest Conference: 2019-03-15
Question Presented (from Petition)

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.

Is a state 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?

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?

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
Kentucky Board of Medical Licensure
Leanne K. DiakovKentucky Board of Medical Licensure, Respondent