Legal Opinion · Dissent

Disciplinary Proceedings Regarding License to Practice Dentistry of Maul v. State Board of Dental Examiners

Colorado Court of Appeals

Decided July 1, 1982No. 80CA0433Published

1DissentBerman, Judge

I respectfully dissent.

The Board here violated both the specific statutory procedure set out in the “Dental *1338Practice Law of. Colorado,” § 12-35-101 et seq., C.R.S.1973, and the due process rights of the petitioner when the hearing officer conducted the hearing jointly with the Board and then attended the Board’s deliberations as “legal advisor.”

The dental board has the power to appoint a hearing officer “on a full-time or part-time basis to conduct any hearings required by this article.” Section 12-35-107(l)(g), C.R.S.1973. The hearing officer is “to take evidence and to make findings and…

2Cases cited7 opinions

  1. Butz v. EconomouSupreme Court of the United States · 1978
  2. Weissman v. Board of Ed. of Jefferson Cty. Sch. Dist.Supreme Court of Colorado · 1976
  3. Mountain States Telephone & Telegraph Co. v. Department of LaborSupreme Court of Colorado · 1974
  4. Sigma Chi Fraternity v. Regents of University of ColoradoDistrict Court, D. Colorado · 1966
  5. Public Utilities Commission v. Colorado Motorway, Inc.Supreme Court of Colorado · 1968

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