Yankee v. Oregon Medical Board

OAR 137-003-0670(2) provides that if a party fails to appear at a hearing and the agency finds that the party had good cause for the failing to appear, then the agency may not issue a final order by default. If the reasons for the party’s failure to appear are in dispute, the agency shall schedule a hearing on the reasons for the party’s failure to appear.

Petitioner sought judicial review of a default final order of the Oregon Medical Board (the Board) that revoked Petitioner’s license to practice medicine and assessed a civil penalty. Petitioner argued that the Board erred when it denied a motion to reschedule a disciplinary hearing without first holding a hearing before the ALJ. Specifically, Petitioner argued that OAR 137-003-0670(2) required an ALJ's review when a party's failure to appear was in dispute, as was the case here, and therefore, the Board applied in the incorrect standard. The Board argued that the standard was factual, and that they correctly applied the proper standard. The Court ultimately concluded that the Board had procedurally erred, and should have held a hearing since the reason of Petitioner's absence was in dispute. Reverse and remanded.