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Commission denies motion for more‑definite statement in substance‑use allegations; DPH investigative report provided
Summary
Attorney for the respondent asked for a more detailed statement of allegations that a dentist used alcohol and amphetamines; the commission denied the motion after the Department of Public Health and legal counsel said the statement of charges and investigative report provide adequate notice and available discovery mechanisms.
Attorney Paul Spinella, representing the respondent in a disciplinary petition involving allegations of alcohol and amphetamine misuse, asked the commission to require a more‑definite statement of the department’s allegations, including where and when the alleged substance use occurred. "We're entitled to know this... How else do we know what is being charged here?" Spinella said.
The department, through Attorney Linda Fazina, opposed the motion, arguing the statement of charges provided the legal basis and sufficient detail under Connecticut law. Assistant Attorney General Elizabeth Bannon advised the commission on notice standards for administrative proceedings and read relevant statutory and case‑law principles, explaining notice must "fairly indicate the legal theory" and allow intelligent preparation for a hearing but need not forecast every piece of evidence.
Fazina also stated that the respondent or respondent’s counsel had been provided with the department’s investigative narrative and attachments in late 2024. After discussion the commission denied the motion for a more‑definite statement but noted the respondent may pursue discovery or inspection of relevant investigative materials through the department’s established procedures prior to any hearing.
