Public Health hearing continued after respondent says she could not access emailed exhibits; March 26 date set

A Department of Public Health administrative hearing for respondent Erin Ostberg was continued after Ostberg told the hearing officer she could not open emailed exhibits; Hearing Officer Stacy Shulman set a new hearing date for March 26 at 10 a.m. so mailed hard copies can arrive.

The continuation came after the hearing officer entered multiple filings and exhibits into the record and respondents raised technical and delivery issues. Hearing Officer Stacy Shulman said she would continue the matter "so that we ensure that you get the hard copy of the entire record, okay, of all of the exhibits." Shulman presided with Department counsel Attorney Linda Fezzina and court reporter Robert Dixon present; Department paralegal Lorraine Walker assisted with records administration.

Shulman and department attorneys recorded a series of record exhibits related to continuances and rulings. The transcript identifies record exhibit 12 as a motion for continuance dated 01/30/2025 and a notice of continued hearing as record exhibit 13 (dated January 30). A respondent request for continuance dated February 27 was entered as record exhibit 14; the transcript also notes rulings and other record entries labeled 15–17. Department exhibits were listed as department exhibits 1 through 18; two therapist reports were entered and sealed and identified in the record as department exhibits 17 (therapist report dated 01/09/2025) and 18 (therapist report dated 02/19/2025).

Respondent Erin Ostberg (who identified and spelled her name on the record) told the hearing she was unable to open attachments sent by email and asked for paper copies. Ostberg said, "I have all my documentation... Printed and in front of me," and later, "I would like to have grounds to make a statement." She also told the panel, "I... resigned from a position that I'm very good at, but I resigned in order to take care of myself and my mental health and to do the things that I needed to do to take care of myself and my children."

Department counsel described prior service of exhibits to Ostberg's former attorney, Michael Kurz, and to Ostberg by email after procedural filings. Attorney Pizzina (department counsel) recounted exhibit transmission and the department's view that the exhibits had been sent; the transcript records that the department had objected to at least one request for continuance filed Feb. 27.

Because Ostberg said she had not been able to access or print the attachments, Shulman continued the public portion of the hearing and scheduled a reconvening for March 26 at 10:00 a.m. so the department can mail hard copies. Shulman directed the parties to remain on the line briefly after the record to verify contact and mailing information off the record.

The public record in this session includes the statement of charges and the record- and department-exhibit entries described above; some exhibits were specifically marked sealed in the transcript. The hearing office instructed Ostberg to provide updated contact information to the PHHO email and to Attorney Pizzina off the record so mailed copies can be delivered before the next session.

The March 26 hearing will reconvene at 10 a.m.; the parties and the hearing officer said they would confirm contact and mailing details off the record before adjourning.