State ex rel. Oklahoma Board of Medical Licensure & Supervision v. Pinaroc

2002 OK 20, 46 P.3d 114, 73 O.B.A.J. 907, 2002 Okla. LEXIS 20, 2002 WL 441389
CourtSupreme Court of Oklahoma
DecidedMarch 19, 2002
DocketNo. 96,897
StatusPublished
Cited by19 cases

This text of 2002 OK 20 (State ex rel. Oklahoma Board of Medical Licensure & Supervision v. Pinaroc) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Oklahoma Board of Medical Licensure & Supervision v. Pinaroc, 2002 OK 20, 46 P.3d 114, 73 O.B.A.J. 907, 2002 Okla. LEXIS 20, 2002 WL 441389 (Okla. 2002).

Opinions

SUMMERS, J.

T1 This matter is before us on a sua sponte inquiry into our appellate jurisdiction prior to a disposition on the merits of the [116]*116appeal.1 We conclude that a timely filed motion for rehearing pursuant to 75 O.S.Supp.1992 § 317 extended the time to appeal from a final order of the Board of Medical Licensure, that the appellate procedure for an appeal from an agency to this Court should allow for a timely supplemental petition in error to cure a prematurely filed petition in error, and that this appeal is timely to review three administrative orders. Because we recently amended Oklahoma Supreme Court Rule 1.77 by separate order to comply with state statutes, we provide Appellant an opportunity to file a supplemental petition in error to cure the prematurity of his appeal. We direct that the appeal shall proceed at this time.

1 2 Dr. Pinaroc holds an Oklahoma medical license. The Board of Medical Licensure held a hearing, and on May 4, 2001, suspended Dr. Pinaroc's license "until the Board meeting on July 19-21, 2001, at which time Defendant may appear before the Board to seek reinstatement of his license." Dr. Pi-naroc then unsuccessfully sought reinstate ment of his license at the July hearing; the Board suspended his medical license until he completed an evaluation program and submitted the results to the Board. As a result of that hearing a second "Final Order of Suspension" was issued. The order is dated August 2, 2001 and contains a certificate of service stating that the order was mailed to both Dr. Pinaroe and his counsel on August 3, 2001. Dr. Pinaroc then filed, a Motion for Rehearing before the Board, which was denied. The Board's written order is dated October 2, 2001, and the certificate of service states that it was mailed to counsel for Pinaroc on October 15, 2001.

13 The State Board of Medical Licensure and Supervision has the power to revoke, suspend or impose disciplinary actions upon the license of a physician or surgeon, "and appeals from its decisions shall be taken to the Supreme Court of this state within thirty (30) days of the date that a copy of the decision is mailed to the appellant, as shown by the certificate of mailing attached to the decision." 59 O.S.Supp.1998 § 513.2 The Board's decision was a "disciplinary action" against Pinaroc, and § 513 applies to this controversy. See Davuluri v. State ex rel. Oklahoma Bd. of Medical Licensure and Supervision, 2000 OK 45, ¶ 20, 10 P.3d 198, 202, (explaining the distinction between disciplinary actions and a denial of application for a license).

4 Pinaroc's petition in error states that it is an appeal from the Board's orders issued May 4, 2001, and August 2, 2001. The petition in error was filed October 12, 2001, a date more than thirty days from both May 8, 2001 and August 3, 2001, the dates the orders were mailed to the doctor. Pinaroc argues that the petition in error is timely to challenge all of the Board's orders because he filed a motion for rehearing before the Board, and the motion was not denied until October 2, 2001. We first address the timeliness of the appeal challenging the order of May 4th, 2001.

I. THE ORDER OF MAY 4, 2001

T5 That order was filed with the State Board on May 4, 2001 and mailed to [117]*117Pinaroc on May 8, 2001. It is titled "Final Order of Suspension", it suspended Pinaroc's license beginning May 3, 2001, and allowed him to seek "reinstatement" at the next Board meeting. The order also required him to pay the costs of the action, including legal fees and investigation costs. Pinaroc did not seek a rehearing of this order, nor did he file a petition in error within thirty days of May 8, 2001.

16 Pinaroc argues that his appellate challenge to the May 4th order is timely because that order was not final. The order is titled "Final Order of Suspension", but the title of the order does not, by itself, control whether it satisfies statutory or common-law 3 criteria for finality. A statutory criteria is provided by the Administrative Procedures Act. A final agency order contains findings of fact, conclusions of law, is disposi-tive of an individual proceeding and is subject to judicial review, unless a timely request for rehearing of that order was made. 75 O.S.Supp.1992 § 250.3(5).4 The order of May 4th contains findings of fact and conclusions of law, and no request for rehearing of that order was made.

T7 But was the order of May 4th disposi-tive of an individual proceeding? We have stated that in the absence of contrary statutory language "an order is final under section 318 when the administrative process ends and legal obligations resulting from that process are imposed." Double LL Contractors, Inc. v. State ex rel. Oklahoma Dept. of Transportation, 1996 OK 30, 918 P.2d 34, 38, citing, Conoco v. State Dept. of Health, 1982 OK 94, 651 P.2d 125, 127. The order of May 4th appears to be inconsistent on its face regarding the culmination of the administrative process.

18 The Board's order of May 4th stated that Pinaroe could appear before the Board at its meeting on July 19-21 and seek reinstatement. The Board may determine that an emergency exists and "conduct a hearing as contemplated by Section 314 of Title 75 of the Oklahoma Statutes to suspend temporarily the license of any person under the jurisdiction of the Board." 59 O.S.Supp.1994 § 503.1. Section 314 states in part:

C. 1. Unless otherwise provided by law, an existing license shall not be revoked, suspended, annulled, withdrawn or nonrenewed unless, prior to the institution of such final ageney order, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention or renewal of the license. >
2. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

75 O.S.Supp.1992 § 314(C), emphasis added.

The Board may temporarily suspend a license during a disciplinary hearing by following the statutory procedure. That procedure requires the Board to make a specific finding and record -that finding in the order that suspends a license pending other proceedings. Id. at § 314(C)(2). The Board's order of May 4th does not contain the finding required by § 314 for a temporary suspension. In other words, the May 4th order appears to be an attempted temporary suspension but one lacking the required statuto[118]*118ry finding in the proceeding, or on the face of the order.

19 When construing the terms of an unclear, doubtfal or ambiguous order this court will look outside the order and examine the four corners of the record proper to interpret the trial judge's decision. Frazier v. Bryan Memorial Hospital Authority, 1989 OK 73, 1989 OK 73, 775 P.2d 281, 285-286, citing, Elliott v. City of Guthrie, 1986 OK 59, 725 P.2d 861, 863; Mayhue v. Mayhue, 1985 OK 68, n. 6, 706 P.2d 890, 893.

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

Related

SANDERS v. TURN KEY HEALTH CLINICS
2025 OK 19 (Supreme Court of Oklahoma, 2025)
PHIL BOEVERS ENTERPRISES v. BECK
2024 OK CIV APP 14 (Court of Civil Appeals of Oklahoma, 2023)
WESTERN HEIGHTS INDEPENDENT SCHOOL DISTRICT v. STATE
2022 OK 79 (Supreme Court of Oklahoma, 2022)
GRISHAM v. CITY OF OKLAHOMA CITY
2017 OK 69 (Supreme Court of Oklahoma, 2017)
IN THE MATTER OF THE REINSTATEMENT OF CHRISTOPHER
2014 OK 73 (Supreme Court of Oklahoma, 2014)
In re the Reinstatement of Christopher
2014 OK 73 (Supreme Court of Oklahoma, 2014)
Cline v. Oklahoma Coalition for Reproductive Justice
2013 OK 93 (Supreme Court of Oklahoma, 2013)
Cornett v. Carr
2013 OK 30 (Supreme Court of Oklahoma, 2013)
Vannoy v. Earth Biofuels, Inc.
2009 OK CIV APP 22 (Court of Civil Appeals of Oklahoma, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
2002 OK 20, 46 P.3d 114, 73 O.B.A.J. 907, 2002 Okla. LEXIS 20, 2002 WL 441389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oklahoma-board-of-medical-licensure-supervision-v-pinaroc-okla-2002.