Colorado State Board of Dental Examiners v. Norton

Judge METZGER,

dissenting.

I agree with the majority that C.R.C.P. 15(b) can apply in disciplinary actions. However, because I believe the ALJ and the Board here misapplied C.R.C.P. 15(b) and violated respondent's right to due process, I respectfully dissent.

The law imposes an obligation on administrative agencies to be fundamentally fair when resolving disputes involving governmental action that threatens to deprive an individual of a significant property interest. See deKoevend v. Board of Education, 688 P.2d 219 (Colo.1984). A license to practice dentistry is a valuable property right which…