When could Louisiana's dental board release the result of a disciplinary decision during an appeal?

Plain-English summary

Louisiana's dental board asked when it could release the result of a disciplinary committee decision, including while judicial review was available or pending. In 2000, the attorney general's office said the committee's decision became final when it reached a final decision after a hearing and review of the evidence. The board could then release the result during the thirty-day window for seeking review and after an appeal was filed, with or without a bond or stay order.

The requester also cited statutory provisions concerning information obtained during the board's investigations. The opinion's answer addressed release of the disciplinary decision's result.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Dental board members at the time

The office read the Dental Practice Act as directing release of a committee decision's result once the committee reached its final decision after the hearing. The prospect or filing of judicial review did not delay that release.

Dentists and dental hygienists facing discipline at the time

An appeal, issued bond, or stay order did not prevent the board from releasing the result of the committee's final decision under the opinion's reading.

People seeking board records at the time

The opinion addressed when the result of a disciplinary decision could be released. The request also cited statutes about information obtained during investigations; none of its six questions asked about release of an investigation file.

Common questions

Q: When did the board committee's disciplinary decision become final?
A: The opinion said it became final when the committee made its final decision after hearing and reviewing all evidence.

Q: Could the dental board release a decision during the thirty-day judicial-review window?
A: Yes. The office expressly answered that it could release the result during that period.

Q: Did an appeal, bond, or stay order keep the result from being released?
A: No. The opinion answered each of those variations in favor of release.

Q: What did the opinion authorize the board to release?
A: It addressed release of the result of a final committee decision in a disciplinary matter, including while judicial review was available or pending.

Background and statutory framework

La. R.S. 37:780(B)(3), as quoted in the opinion, required public release of the result of a committee decision after it became final. The office read finality to occur at the end of the committee's decision process, not at the end of judicial review under La. R.S. 37:786. It also quoted the stay provisions of La. R.S. 37:786.1. The requester cited La. R.S. 49:956(8) and La. R.S. 44:4(11) concerning investigation information.

Citations and references

• La. R.S. 37:780(B)(3) (release of final decision result)
• La. R.S. 37:786 (judicial review)
• La. R.S. 37:786.1 (stay of enforcement)
• La. R.S. 49:956(8) (investigation information)
• La. R.S. 44:4(11) (investigation material and public records)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0430

Original opinion text

November 17, 2000
OPINION NUMBER 00-430

Michael J. Montablano, D.D.S.
President 19-B DENTISTRY
The Louisiana State Board of Dentistry may
Louisiana State Board of Dentistry
release to the public the result of any decision
One Canal Place, 365 Canal Street, Ste 2680 rendered by it in connection with a disciplinary matter regardless of any proceeding for judicial
New Orleans, Louisiana 70130
review

Dear Dr. Montablano,

This office is in receipt of your opinion request wherein you seek advice from our office as to when the Louisiana State Board of Dentistry may release a decision by an administrative panel regarding a disciplinary matter. In your request you specifically ask the following: (1) Is the Board authorized to release to the public committee decisions (administrative adjudications) during the thirty-day period between service of notice of the decision and the deadline for seeking judicial review?
(2) Is the Board authorized to release such decisions once a petition for judicial review has been filed, but no bond has been issued?
(3) Is the Board authorized to release such decisions once a petition for judicial review has been filed, and bond has been issued?
(4) Is the Board authorized to release such decisions once a petition for judicial review has been filed, but no stay order has been issued?
(5) Is the Board authorized to release such decisions once a petition for judicial review has been filed, and a stay order has been issued?
(6) At what point does the administrative adjudication of a disciplinary proceeding become a "final decision" and thus a public record?

As stated in your request, the Dental Practice Act provides in La. R.S. 37:780(B)(3) that the, "committee shall release to the public the result of any decision rendered by it after such decision has become final."

LA. R.S. 37:780(B)(1) provides,

"The committee hearing the charge may cause the testimony adduced to be reduced to writing or stenographic record. Should the committee after due hearing find that the charges filed against the licensee or the unlicensed person are sustained by the evidence, it may revoke, suspend, restrict, fine, place on probation, reprimand, or admonish, or any or all of the above, the licensed

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Michael J. Montalbano, D.D.S.
OPINION NUMBER 00-430
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dentist or licensed dental hygienist. The board may levy an administrative fine and assess all costs of the committee, including but not limited to attorney fees, investigative fees, and stenographic costs against the unlicensed person, and may seek any and all equitable and injunctive relief allowable under the law."

The law also allows for a special appeal from the Board's decision. La. R.S. 37:786 provides in pertinent part,

A. If the board in any case arbitrarily or illegally abuses its discretion in suspending or revoking a license issued under the provisions of this Chapter, or by levying a civil penalty against an unlicensed person, the party complaining may resort to the civil district court for the parish of Orleans for the protection of his rights in accordance with R.S. 49:964. Any such appeals shall be filed in the court in the same manner as original suits are instituted therein.

B. All proceedings in the civil district court for the parish of Orleans and appellate courts arising under the Section are civil in nature and shall be heard summarily by the court without a jury, shall take precedence over other civil cases, and shall be tried in chambers or in open court, in and out of term.

D. Notwithstanding appellant's compliance with the requirements of this Section, the court shall issue no stay for that portion of the board's decision which does not involve a sum of money unless the appellant satisfies the requirements of R.S.
37:786.1 pertaining to public health and welfare.

E. The provisions of this Section shall apply to any unlicensed person who has been sanctioned by the board for any violation of R.S. 37:788.

La. R.S. 37:786.1 also provides,

A. Absent agreement of counsel for all parties, no stay of enforcement of a decision issued under R.S. 37:780 or for a violation of R.S. 37:788, during the pendency of an appeal under R.S. 37:786 shall be granted unless the civil district court for the parish of Orleans finds that the applicant has established:

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Michael J. Montalbano, D.D.S.
OPINION NUMBER 00-430
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(1) That the issuance of the stay does not threaten harm to other interested parties, including persons for whom the applicant may render dental or dental hygiene services.

(2) That the issuance of the stay does not constitute a threat to the health and welfare of the citizens of the state.

B. No stay shall be granted ex parte. The court shall schedule a hearing on the request for a stay order within ten days from filing.
The decision shall be rendered within five days after the conclusion of the hearing.

C. No judicial order staying or enjoining the effectiveness or enforcement of a final decision or order of the board in an adjudication proceeding, whether issued pursuant to R.S.
49:964(C) or otherwise, shall be effective, or be issued to be effective, longer than:

(1) One hundred twenty days from the date on which the board's decision or order was rendered; or

(2) The date on which the court enters judgment in a proceeding for judicial review of the board's decision or order pursuant to R.S.
49:964, whichever occurs first.

You also point out in your request that the Administrative Procedure Act provides in La. R.S. 49:956(8) that information obtained by the Board during its investigations shall not be made public if it is deemed confidential by law. You also mention that La. R.S. 44:4(11) of the Louisiana Public Records Act declares that information gained by the Board during its investigation, other than final decisions, are not public records.

In reviewing these statutes it appears clear that the Board is only authorized to release to the public the result of a decision of the committee of the Board with regard to a disciplinary matter under the provisions of La. R.S. 37:780. The decision of the Board becomes final after the hearing of the committee when the committee reaches a final decision after receiving and reviewing all the evidence presented. An appeal of the Board's decision to the Orleans Parish District Court of the decision of the Board under the provisions of La. R.S. 37:786 does not in any way restrict the Board from releasing to the public the result of its final decision under the provisions of La. R.S. 37:780(B)(3). In fact, the decision is a judgment which can be appealed to the Orleans Parish District Court, and those court filings are public records.

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Michael J. Montalbano, D.D.S.
OPINION NUMBER 00-430
Page - 4 -

In answer to your specific questions,

1. The Board is authorized to release to the public committee decisions during
   the thirty-day period between service of notice of the decision and the
   deadline for seeking judicial review.
2. The Board is authorized to release such decisions once a petition for judicial
   review has been filed, but before a bond has been issued.
3. The Board is also authorized to release such decisions once a petition for
   judicial review has been filed and the bond has been issued.
4. The Board is authorized to release such decisions after a petition for judicial
   review has been filed and no stay order has been issued.
5. The Board is also authorized to release such decision after a petition for
   judicial review has been filed and a stay order has been issued.
6. The decision of the committee under the provisions of La. R.S. 37:780
   becomes final when the Board committee after a hearing makes a final
   decision. In accordance with La. R.S. 37:780(B)(3) the result of the Board
   committees decision shall be released.

I believe the above should address your concerns. Should you have any questions please do not hesitate to contact our office.

Yours sincerely,

RICHARD P. IEYOUB
ATTORNEY GENERAL

__________
CHARLES H. BRAUD, JR.
Assistant Attorney General

RPI/CHB, Jr.:mjb

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Michael J. Montalbano, D.D.S.
OPINION NUMBER 00-430
Page - 5 -

SYLLABUS

#00-430
19-B DENTISTRY

The Louisiana State Board of Dentistry may release to the public the result of any decision rendered by it in connection with a disciplinary matter regardless of any proceeding for judicial review

Michael J. Montablano, D.D.S.
President
Louisiana State Board of Dentistry
One Canal Place, 365 Canal Street, Ste 2680
New Orleans, Louisiana 70130

Date Received:
Date Released: November 17, 2000

CHARLES H. BRAUD, JR.
Assistant Attorney General