Spray v. Board of Medical Examiners

627 P.2d 25, 51 Or. App. 773, 1981 Ore. App. LEXIS 2445

Opinion

GILLETTE, P. J.

Both parties have petitioned for reconsideration of our decision in Spray v. Bd. of Medical Examiners, 50 Or App 311, 624 P2d 125 (1981). Rule 10.10, Rules of Appellate Procedure. The petition of petitioner Spray is denied. The petition of respondent Board of Medical Examiners (Board) is granted, and our former opinion is modified in the manner described below.

In our opinion in Spray, 50 Or App at 326-329, we held that the Board’s meeting to decide Dr. Spray’s case should have been open to the public. That was error. ORS 192.690 provides, in pertinent part,

"(1) [The Open Meetings Law] shall not apply to deliberations * * * of state agencies conducting hearings on contested cases in accordance with the provisions of [the Administrative Procedures Act], the review of the Workers’ Compensation Board of similar hearings on contested cases, or to any judical proceeding.” (Emphasis supplied.)

Chir former opinion is modified accordingly. In all other respects, our former opinion is affirmed.