Mendlinger v. State Dental Commission

854 A.2d 1095, 84 Conn. App. 639, 2004 Conn. App. LEXIS 370
CourtConnecticut Appellate Court
DecidedAugust 24, 2004
DocketAC 25077
StatusPublished

This text of 854 A.2d 1095 (Mendlinger v. State Dental Commission) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mendlinger v. State Dental Commission, 854 A.2d 1095, 84 Conn. App. 639, 2004 Conn. App. LEXIS 370 (Colo. Ct. App. 2004).

Opinion

Opinion

SCHALLER, J.

The plaintiff, Wendy Mendlinger, executrix of the estate of Norman Mendlinger, appeals from [641]*641the judgment of the trial court dismissing her administrative appeal from the decision of the defendant state dental commission (commission). The commission’s decision ordered her to cease owning and operating the professional corporation known as Norman Mendlinger, D.D.S., P.C. (professional corporation), doing business as the Hartford Dental Group (dental practice), either by transferring the estate’s shares of stock in the professional corporation to a licensed dentist by July 1, 2003, or by ensuring that, by that date, the professional corporation would no longer operate the dental practice. On appeal, the plaintiff claims that the court improperly concluded that she, as executrix of the estate of a deceased dentist, violated General Statutes § 20-122 by continuing to own and operate the professional corporation.1 We reverse the judgment of the trial court.

The following facts and procedural history are relevant to the plaintiffs appeal. Prior to his death, Norman Mendlinger, a licensed dentist, owned all the shares of stock in the professional corporation. The professional corporation owned and operated a dental practice located in Hartford. Norman Mendlinger died on October 8, 1999. On December 7, 1999, the Probate Court for the district of West Hartford appointed the plaintiff as the executrix of the estate of Norman Mendlinger. All the shares of stock in the professional corporation remained in the estate of Norman Mendlinger and were under the fiduciary control of the plaintiff. The professional corporation continued to operate the dental practice.

[642]*642On January 29, 2002, the department of public health presented the commission with a statement of charges alleging that the plaintiff owned and operated a dental office in violation of § 20-122. The commission held hearings on March 12, 2002, and March 22, 2002.

On August 26,2002, the commission issued a decision concluding that, although the initial transfer of professional corporation stock to Norman Mendlinger’s estate was authorized by General Statutes § 33-182g, the plaintiff violated § 20-122 by not transferring that stock to a licensed dentist within a reasonable period of time. The commission found that the plaintiff was acting as president of the professional corporation. The commission also found that, while the plaintiff had made minimal efforts to sell the dental practice, it could have been sold within one to two years if reasonable efforts had been made. The commission ordered the plaintiff to cease owning and operating the professional corporation doing business as the dental group either by transferring the estate’s shares of stock in the professional corporation to a licensed dentist by July 1, 2003, or by ensuring that, by that date, the professional corporation would no longer operate the dental practice.

On December 24, 2003, after the plaintiff appealed from the commission’s decision, the court rendered a judgment dismissing the plaintiffs appeal. The court held that § 33-182g cannot be interpreted to allow an executrix who is not a licensed dentist to hold shares of stock in a dental professional corporation indefinitely because such an interpretation would contravene the mandate of § 20-122, which allows only licensed dentists to operate dental practices. The court further held that “[i]n order for § 33-182g and § 20-122 to operate harmoniously, § 33-182g must be read to permit only the temporary transfer of stock to allow for the orderly transition of the practice.” On February 13, 2004, the court denied the plaintiffs motion for reargument and [643]*643reconsideration and her motion for a stay of the agency decision pending appeal. On February 23, 2004, the plaintiff filed this appeal.

The plaintiff claims that the court improperly concluded that she violated § 20-122. The plaintiff argues that because § 20-122 expressly permits a dental professional service corporation to own and operate a dental practice and § 33-182g expressly permits a dental professional service corporation to transfer stock to the personal representative or estate of a deceased dentist, she, as the executrix of the estate of Norman Mendlinger, may exercise fiduciary control over the stock without violating any specific time limitation. In contrast, the commission argues that the court properly concluded that the plaintiff violated § 20-122 by continuing to own and operate a dental practice. While the commission acknowledges that § 33-182g permits the transfer of professional corporation stock to the plaintiff, it argues that § 20-122 must be interpreted to impose a reasonable time limit within which the plaintiff must cease owning and operating the dental practice. The commission argues that it is reasonable to interpret § 20-122 as imposing a reasonable time limit because an irrational result will occur if an executrix, who is not a licensed dentist, is allowed to own and operate a dental practice indefinitely. The plaintiff argues that the commission’s interpretation of § 20-122 is supported neither by the text nor the legislative history of the statute. We agree with the plaintiff.

“Ordinarily, this court affords deference to the construction of a statute applied by the administrative agency empowered by law to carry out the statute’s purposes.” (Internal quotation marks omitted.) Barbieri v. Planning & Zoning Commission, 80 Conn. App. 169, 173, 833 A.2d 939 (2003). That deference, however, “is unwarranted when the construction of a statute . . . has not previously been subjected to judi[644]*644cial scrutiny [or to] ... a governmental agency’s time-tested interpretation . . . .” (Internal quotation marks omitted.) Secretary of OPM v. Employees’ Review Board, 267 Conn. 255, 262, 837 A.2d 770 (2004). In the present case, the relevant statutory provisions previously have been subjected to neither judicial scrutiny nor to a time-tested interpretation by the commission. We therefore are unconstrained by the agency’s interpretation of those provisions and our review is plenary. See Celentano v. Oaks Condominium Assn., 265 Conn. 579, 588, 830 A.2d 164 (2003)(“[i]ssues of statutory construction raise questions of law, over which we exercise plenary review”).

“The process of statutory interpretation involves a reasoned search for the intention of the legislature.” (Internal quotation marks omitted.) Wasko v. Manella, 269 Conn. 527, 534, 849 A.2d 777 (2004). “The meaning of a statute shall, in the first instance, be ascertained from the text of the statute itself and its relationship to other statutes. If, after examining such text and considering such relationship, the meaning of such text is plain and unambiguous and does not yield absurd or unworkable results, extratextual evidence of the meaning of the statute shall not be considered.” Public Acts 2003, No. 03-154, § 1; see also Carmel Hollow Associates Ltd. Partnership v. Bethlehem, 269 Conn. 120, 129 n.16, 848 A.2d. 451 (2004).

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Bluebook (online)
854 A.2d 1095, 84 Conn. App. 639, 2004 Conn. App. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendlinger-v-state-dental-commission-connappct-2004.