Tran v. Board of Chiropractic Examiners
Case #: A147147
Duncan, P.J. for the Court; Haselton, C.J.; and Rasmussen, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A147147.pdf
Administrative Law: ORS 684.100 authorizes the Board of Chiropractic Examiners to (1) discipline individuals practicing chiropractic without a license, and (2) impose up to $10,000 in civil penalties per violation.
Tran sought review of a decision by the Board of Chiropractic Examiners (Board) after its determination that Tran had committed more than 800 violations of the provisions of ORS chapter 684, and imposed civil penalties in the amount of $201,250 for unlicensed practice within the state. Tran argued that the Board lacked authority to discipline him because he did not and had never obtained a license from the Board. The Court of Appeals looked to the statutory language of ORS 684.100(1)(p) and the legislative history and determined that the legislature intended to convey power to the Board to discipline individuals practicing chiropractic without a license. Tran further argued that the Board lacked authority to impose a civil penalty of $10,000 in a single disciplinary proceeding. He contended that while ORS 684.100(9)(f) authorizes a maximum penalty of $10,000, but it does not specify whether that means $10,000 per violation or per hearing. Therefore, in absence of specificity, he argued, it should be construed as $10,000 per hearing. The Court looked to the language of ORS 684.100(9)(f) and determined that the drafters intended to authorize the Board to impose $10,000 per violation. Affirmed.