Nunez v. State Medical Board of Ohio (Jan. 29, 2010), Franklin County C. P. Ct. No 09CV-8119

Holding:

Board complied with Chapter 119, and did not violate due process, by sending Notice of Opportunity to address provided by licensure applicant. Board was not required to locate the applicant and obtain personal service.

Summary:

Dr. Nunez, who was licensed to practice medicine in states other than Ohio, submitted an application for licensure to the State Medical Board of Ohio. The Board issued a Notice of Opportunity for Hearing on March 3, 2009, proposing to deny his application, and notifying him of his right to request a hearing. The Notice was sent to the residential address in Chicago that Dr. Nunez had provided to the Board. The Notice was signed for at that address by a person living in Dr. Nunez’s house while he was living temporarily in New Mexico and Arizona. Dr. Nunez did not become aware of the Notice until Memorial Day weekend in May of 2009. By that time, the Board had issued an order denying Dr. Nunez’s application. Dr. Nunez appealed, arguing that the Board denied him due process by failing to serve him with proper notice. The Court held that Dr. Nunez was under an obligation to notify the Board of his change of address, and that the Board had no duty to “track Appellant down.” The court held that personal service was not required by Chapter 119. (AAG Kyle Wilcox).