Question: A statute of the state of Wisconsin forbids the practice

A statute of the state of Wisconsin forbids the practice of medicine without a license granted by the Examining Board (Board), a state administrative agency composed of practicing physicians. The statute specifically prohibits certain acts of professional misconduct. Board may investigate alleged violations, issue charges against a licensee, hold hearings, and rule on the matter. Board also has the authority to warn and reprimand violators, suspend or revoke their licenses, and institute criminal actions.
Dr. Larkin was a physician licensed to practice medicine in the state of Wisconsin. Board sent a notice to Larkin that it would hold a hearing to determine whether he had engaged in prohibited acts. Larkin was represented by counsel at the hearing. Evidence was introduced, and witnesses gave testimony at the hearing. Board found Larkin guilty and temporarily suspended his license to practice medicine. Larkin then filed suit, alleging that it was an unconstitutional violation of due process to permit an administrative agency to adjudicate a charge that it had investigated and brought. Is there a violation of due process? Did Larkin act ethically in challenging the authority of the administrative agency? Withrow v. Larkin, 421 U. S. 35, 95 S. Ct. 1456, 1975 U. S. Lexis 56 (Supreme Court of the United States)

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  • CreatedAugust 12, 2015
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