Russell v. Department of Business & Professional Regulation

The majority correctly states that the Board determined it was without jurisdiction to revisit appellant’s case pursuant to appellant’s motion to set aside, or to rehear his case based on newly-discovered evidence. Although the Board allowed appellant’s counsel to proffer for the record the testimony of two expert witnesses, Drs. Eugene Patterson and Stanley Malamed, the Board gave no consideration to the proffered evidence in weighing the decision whether to re-open appellant’s case. It appears that the Board considered only the arguments of counsel, and, as noted by the majority, found them…