76 Pa. Commw. 193 | Pa. Commw. Ct. | 1983
Opinion by
■The petitioner, Jesse Gutman, appeals an order of the State Dental Council and Examining Board (Board) which revoked his dental license pursuant to Section 3(i) of the Dental Law (Law), Act of May 1, 1933, P.L. 216, as amended, 63 P.S. §122 (i). We affirm.
On February 9,1981, Jesse Gutman, the petitioner in this case, Was convicted of forgery, false swearing, perjury, and criminal conspiracy, for which he was sentenced and fined $3,500.00. On July 30, 1981, Gut-man appealed these convictions to the Superior Court. Thereafter, the State Dental Council and Examining Board convened a hearing on September 9, 1981, to determine whether or not the petitioner’s license should be suspended or revoked based upon Section 3(i) of the Law, which provides in part that:
*195 The State Dental Council and Examining Board. ... shall have power:
(i) To suspend and revoke, by a majority action of the entire board, the license or registration of any licensee who has been guilty of a crime or misdemeanor involving moral turpitude. ...
As a result of the September 9, 1981 hearing, the Board found that the petitioner had been guilty of crimes involving moral turpitude and, accordingly, revoked the petitioner’s license to practice dentistry in the State of Pennsylvania. The petitioner now appeals to this Court. The petitioner first contends to this Court that his due process rights were violated by the Board’s revocation of his license while his criminal convictions were on appeal to the Superior Court. In Zimmerman v. State Board of Medical Education and Licensure, 55 Pa. Commonwealth Ct. 74, 423 A.2d 34 (1980), this Court addressed and rejected a very similar argument, advanced by the petitioner in that case, for reasons which we feel are controlling here as well. In Zimmerman, the petitioner had Ms medical license revoked pursuant to Section 15(a)(3) of the Medical Practice Act of 1974,
We must also reject the petitioner’s argument that his due process rights were violated when neither he nor his counsel were present at the Board’s revocation hearing. “The essential elements of due process in administrative proceedings are n'otice and the opportunity to be heard and to defend in an orderly proceeding adapted to the nature of the case, before a tribunal with jurisdiction over the matter.” Wojciechowski v. Unemployment Compensation Board of Review, 47 Pa. Commonwealth Ct. 116, 119, 407 A.2d 142, 143 (1979). Based upon our review of the record in this case, we conclude that the petitioner had both notice of his revocation hearing and the opportunity to be heard on his case. The Board sent its Citation and Notice of Hearing to the petitioner by way of certified mail, which was returned “refused.” Thereafter, a professional conduct investigator unsuccessfully attempted to serve the citation and notice on the petitioner at Ms post office address on nine separate occasions. Finally, the citation and notice were mailed to the petitioner’s attorney who acknowledged receiving same, and responded by requesting on behalf of
Affirmed.
Order
And Now, this 5th day of August, 1983, the decision of the State Dental Council and Examining Board, dated February 15, 1982, revoking the dental license of the petitioner, Jesse Gutman, is hereby affirmed.
Act of July 20, 1974, P.L. 551, as amended, 63 P.S. §421.15(a) (3).
See McCoy v. Board of Medical Education and Licensure, 87 Pa. Commonwealth Ct. 530, 391 A.2d 723 (1978).