Respondent’s attorney withdraws at continued Department of Public Health hearing; therapist reports entered as sealed exhibits

At the continued administrative hearing in Department of Public Health v. Erin Osberg, petition number 2023-260, attorney Michael Kurz told the hearing officer he was withdrawing as counsel for respondent Erin Osberg, and the hearing officer granted the request. "I am discontinuing my representation of Miss Osberg," Kurz said on the record.

The hearing officer then entered several procedural documents into the record and admitted department exhibits including four sealed therapist reports. The officer said a department motion to open and present additional evidence and an order on the motion to reopen were entered as record exhibits 8 and 9, the notice of rescheduled oral argument (Oct. 23, 2024) as record exhibit 10, and the ruling on the motion for continuance and notice of rescheduled hearing as record exhibit 11. The therapist reports were entered as department exhibits 13 (therapist report dated 07/24/2024, sealed), 14 (09/06/2024, sealed), 15 (10/08/2024, sealed) and 16 (11/04/2024, sealed).

Lorraine Walker, identified on the record as a paralegal specialist in the department office who sends notices, told the hearing officer that the ruling dated Nov. 26, 2024, was sent by email to the attorney of record at that time. Kurz said he had forwarded the notice to his client "more than once." Based on that exchange, the hearing officer indicated there was not a notice problem that would prevent proceeding.

Department counsel (identified on the record as Attorney Fezzina) told the officer the therapist reports had been requested and were "vital to a determination as to whether respondent is safe to practice." The department asked to address those matters in executive session. The hearing officer and participants then stopped the public recording for that portion of the proceeding.

The record shows the respondent, Erin Osberg, did not appear after her counsel withdrew. The hearing officer excused Kurz from further participation. No sworn testimony was taken in the public portion of the record before the session moved to a closed portion.

No final adjudicative determination appears in the segment of the hearing covered by the transcript: the transcript records document entries, counsel withdrawal, sealing of therapist reports, a request for executive session, and the cessation of public recording for confidential proceedings. The matter remains on the hearing docket under petition number 2023-260.