Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
In case of a refusal or a revocation of a license, the board is
required to file a brief and concise statement of the grounds and
reasons thereof in the office of its secretary, which, with the
decision of the board in writing, shall remain of record in said
office. Before a license can be revoked for unprofessional or
dishonorable conduct, a complaint of some person under oath must be
filed in the office of the secretary of the board, charging the acts
of unprofessional or dishonorable conduct and the facts complained
against the accused in ordinary and concise language, and at least ten
days prior to the hearing the board shall cause to be served upon the
accused a written notice and a copy of such complaint containing a
statement of the time and place of the hearing. The accused may appear
at the hearing and defend in person or by counsel, and may have the
sworn testimony of witnesses taken and present other evidence in his
behalf, and the board may receive arguments of counsel (_ib._, s. 5).
In case of refusal or revocation of a license by the board, there is
a right of appeal within thirty days after the filing of the decree
in the office of the secretary, to the superior court in and for the
county in which was held the last general meeting of the board prior
to the refusal of the license, in case of refusal; and to the superior
court in and for the county in which the hearing was had upon which
such license was revoked, in case of revocation. The person desiring
to appeal must serve or cause to be served on the said secretary a
written notice of appeal containing a statement of its grounds, and
must file in the said secretary’s office an appeal bond with a good
and sufficient surety to be approved by the Secretary of the State
of Washington, conditioned for the speedy prosecution of such appeal
and the payment of such costs as may be adjudicated against him upon
such appeal. Said secretary must within ten days after service of said
notice and filing, and the approval of the said appeal bond, transmit
to the clerk of the court to which the appeal is taken a certified
copy, under the seal of the board, of the decision and the grounds, in
case of refusal, and in addition a certified copy under said seal of
the complaint, in the case of revocation, with the bond and notice of
appeal. The clerk must thereupon docket such appeal causes and they
stand for trial in all respects as ordinary civil actions, and like
proceedings are had thereon. On appeal the cause is tried _de novo_.
Either party may appeal from a judgment of the superior court to the
supreme court in like manner as in civil actions within sixty days
after the rendition and entry of such judgment. If the judgment be in
favor of the party appealing from the decision of the board, and the
examining board does not appeal within sixty days, in that case at the
end of sixty days the board shall immediately issue to the successful
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