Spray v. Board of Medical Examiners

Both parties have petitioned for reconsideration of our decision in Spray v. Bd. of Medical Examiners, 50 Or App 311, 624 P2d 125 (1981). Rule 10.10, Rules of Appellate Procedure. The petition of petitioner Spray is denied. The petition of respondent Board of Medical Examiners (Board) is granted, and our former opinion is modified in the manner described below.

In our opinion in Spray, 50 Or App at 326-329, we held that the Board’s meeting to decide Dr. Spray’s case should have been open to the public. That was error. ORS 192.690 provides, in pertinent part,

"(1) [The Open Meetings Law] shall…