Kundrat v. Commonwealth, State Dental Council & Examining Board

Dissenting Opinion by

Judge Blatt :

I regret that I must dissent.

While this Court may not interfere with the proper exercise of discretion by the State Dental Council and Examining Board (Board) pursuant to the authority granted it under Section 3(i) of The Dental Law, Act of May 1,1933, P.L. 216, as amended, 63 P.S. §122(i), we can address whether or not there was an abuse of that discretion by the Board in setting a penalty. We may not substitute our judgment for the Board’s in the finding of a violation but we may examine whether or not the penalty was fashioned in a reasonable manner to fit…