A physician who is dissatisfied with the outcome of an OPMC hearing may appeal the Board’s finding administratively or judicially. Unique to the OPMC disciplinary process, both the licensee and the state of New York can appeal the outcome of the underlying hearing process to the Administrative Review Board (“ARB”). The ARB hears appeals from the Department of Health or physicians and issues a final order. A proceeding before the board is the final administrative remedy available in the disciplinary process.
After administrative remedies have been exhausted, either the hearing panel’s decision or the ARB’s determination can be appealed through an Article 78 proceeding in the Appellate Division, Third Department, State of New York. The court will review the administrative decisions to determine if they were manifestly wrong or the agency had abused its discretion.