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Hearing panel declines to keep record open, moves to fact-finding
Summary
A Department of Public Health hearing panel decided not to hold the record open for additional documents requested by Dr. Reynolds and said it would proceed with fact-finding the same day; attorneys were allowed closing statements and a short recess was granted.
A Department of Public Health hearing officer told participants that the panel would not hold the record open for additional documents requested by Dr. Reynolds and that the board could proceed with fact-finding the same day.
The decision matters because closing the evidentiary record determines which materials the panel will consider in its memorandum of decision on the statement of charges against the licensee. The hearing officer said the panel would identify any received documents and enter them into the record if necessary, but that fact-finding would proceed without keeping the record open for additional submissions.
The hearing officer framed the panel's position: "Okay. So we're not going to, hold the record open for the submission of additional documents, and that would mean that the board could move forward with fact finding today." Attorney Newton responded earlier that reconvening for another hearing was unnecessary, saying, "I don't think that's necessary." Dr. Reynolds confirmed he had no witnesses to call and answered "Yes" when asked if he understood the panel's decision not to hold the record open.
Board members and the hearing officer discussed a possible deadline for submitting documents; a July 3 deadline was mentioned during that exchange but the panel ultimately indicated it would not leave the record open. Participants identified the outstanding documents as charts; one participant said the charts would only verify whether they were completed and would not change his view of the testimony.
Procedural directions followed the panel's determination: the hearing officer said attorneys would be allowed to make closing statements, followed by a closing from Dr. Reynolds. The panel also granted a brief recess when Attorney Schulman requested a five-minute break. The record was paused at the panel's direction.
This account is limited to the matters discussed on the record: the request for additional documents, the panel's decision not to keep the record open, the plan to proceed with fact-finding that day, the allowance for closing statements, and a short recess. No formal roll-call vote or motion text was recorded in the transcript provided.
