McGrath v. Bureau of Professional & Occupational Affairs

Supreme Court of Pennsylvania

McGrath v. Bureau of Professional & Occupational Affairs

166 A.3d 1216, 2017 WL 565070, 2017 Pa. LEXIS 304

Supreme Court of Pennsylvania·Decided February 13, 2017·No. McGrath v. BPOA, Pet - No. 365 WAL 2016 (Granted)·Published

Opinion

ORDER

PER CURIAM

AND NOW, this 13th day of February, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by the Petitioner, are:

(1) Whether this Honorable Court should grant allocatur in a case of first impression in this Court and one of substantial public importance to consumer health and safety requiring prompt resolution involving the length of an automatic license suspension of a nurse licensee convicted of a drug felony where the Commonwealth Court incorrectly reversed its prior correct application of Section 1921(c) of the Statutory Construction Act and created a paradigm in which a nurse licensee may be suspended for as little as one day for the same conduct that bars a nurse applicant from obtaining a license for ten years?

(2) Whether the Commonwealth Court erred in ignoring case law and the principles of statutory construction when it applied the rule of lenity to a statute that was no longer ambiguous under Packer’s interpretation?

(3) Whether the Commonwealth Court erred in not applying the principle of stare decisis as Packer was not clearly contrary to the body of law?

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

PER CURIAM

AND NOW, this 13th day of February, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by the Petitioner, are:

(1) Whether this Honorable Court should grant allocatur in a case of first impression in this Court and one of substantial public importance to consumer health and safety requiring prompt resolution involving the length of an automatic license suspension of a nurse licensee convicted of a drug felony where the Commonwealth Court incorrectly reversed its prior correct application of Section 1921(c) of the Statutory Construction Act and created a paradigm in which a nurse licensee may be suspended for as little as one day for the same conduct that bars a nurse applicant from obtaining a license for ten years?

(2) Whether the Commonwealth Court erred in ignoring case law and the principles of statutory construction when it applied the rule of lenity to a statute that was no longer ambiguous under Packer’s interpretation?

(3) Whether the Commonwealth Court erred in not applying the principle of stare decisis as Packer was not clearly contrary to the body of law?

McGrath v. Bureau of Professional & Occupational Affairs, 166 A.3d 1216, 2017 WL 565070, 2017 Pa. LEXIS 304 (Pa. 2017).

Pincite

166 A.3d 1216 (McGrath v. Bureau of Professional & Occupational Affairs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.