[Download] "Richard P. Hernandez v. State Board" by Western District Court of Appeals of Missouri ~ Book PDF Kindle ePub Free

eBook details

Title: Richard P. Hernandez v. State Board
Author : Western District Court of Appeals of Missouri
Release Date : January 21, 1997
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

The State Board of Registration for the Healing Arts (Board) appeals the judgment of the Circuit Court of Cole County reversing the decision of the Administrative Hearing Commission (Commission) that denied an award for attorney's fees and expenses incurred by Richard P. Hernandez, M.D., as a prevailing party under section 536.087. Prior to Dr. Hernandez' seeking attorney's fees, the Board had denied Dr. Hernandez' application for a license to practice medicine in Missouri, he had appealed the denial, the Commission had found in Dr. Hernandez' favor, and, on appeal, the circuit court affirmed the Commission's decision and ordered the Board to issue a license to Dr. Hernandez to practice medicine in Missouri. The issue presented is whether the Board was substantially justified in denying Dr. Hernandez' application to practice medicine in Missouri thereby prohibiting an award of attorney's fees to Dr. Hernandez. The judgment of the trial court reversing the decision of the Administrative Hearing Commission is itself reversed, and the decision of the Administrative Hearing Commission denying Dr. Hernandez attorney's fees is affirmed. UNDERLYING FACTS