Gordon v. State Medical Examining Board

Bruce Gordon, M.D., appeals a circuit court order which affirmed the decision of the State Medical Examining Board to deny him an award for costs he incurred in defending himself in disciplinary proceedings commenced by the Department of Regulation and Licensing (DRL). The parties do not dispute that Gordon was a prevailing party under § 227.485, Stats., but they disagree on whether the DRL was substantially justified in pursuing the disciplinary action against him. The decisive issue, however, is whether the board had subject matter jurisdiction over Gordon's claim for costs and fees, given…