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Hearing for Dr. Philip Rosenthal continued after notice and exhibits entered; no dispositive vote due to lack of quorum
Summary
The board entered notices and certified mail receipts into the record for Dr. Philip Rosenthal’s hearing but, because a quorum was not present, deferred any dispositive motions and will reschedule the matter; conservator Paul Whitaker indicated he would not attend while Dr. Rosenthal had indicated he might appear or retain counsel.
The Department of Public Health board opened a hearing matter June 9 for Dr. Philip Rosenthal, entered several documents into the record and then determined it could not take a dispositive vote because the meeting lacked a quorum.
Department counsel entered board exhibits, including the notice of continued hearing dated Dec. 16, 2024 (marked as board exhibit 8), certified-mail return receipts signed and returned in late December 2024 (board exhibits 9 and 10), a communication from conservator Paul Whitaker indicating he would not attend (board exhibit 11), and the department’s email to Dr. Rosenthal that included the Microsoft Teams link (board exhibit 12). Counsel said the certified mail receipts showed the notices were received and at least one was signed by Dr. Rosenthal.
Why it matters: Entering the notice and delivery receipts establishes the department’s position that Dr. Rosenthal received adequate notice of the hearing. Because the board lacked a quorum, members could not vote on dispositive motions such as deeming allegations admitted; the hearing office will reschedule the matter.
Board counsel described attempts to contact Dr. Rosenthal and his conservator, Paul Whitaker. Counsel said she received a voicemail from Dr. Rosenthal left Monday, June 2, in which he said he had just spoken with an attorney; Whitaker later emailed to say he would not be present. Counsel said she asked Dr. Rosenthal to have any retained attorney submit a letter of representation but had not received any such letter by the hearing date. A court reporter confirmed the session was being recorded and the department entered the identified exhibits into the record.
One board member proposed a motion to deem the allegations admitted in Dr. Rosenthal’s absence. Legal counsel advised that a dispositive motion requires a quorum and therefore could not be voted on at this meeting. Counsel recommended the department either present its case for a later fact-finding session or reschedule the hearing; the board elected to reschedule rather than proceed with evidentiary presentation without a quorum to make dispositive decisions.
The hearing office said it will contact the parties to set a new date. The board adjourned after the rescheduling decision.
