Maine Board of Dental Examiners v. Dhuy

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STATE OF MAINE KENNEBEC, ss. SUPERIRO COURT CIVIL ACTION DOCKET NO. CV-04-225 D4rf)- k u - Ll~(olb(p STATE OF MAINE and MAINE BOARD OF DENTAL EXAMINERS, Plaintiffs v. ORDER O N PLAINTIFF'S MOTIONS FOR CONTEMPT RALPH DHUY, Defendant T h s matter is before the court on plaintiff's first and second motions for contempt pursuant to M.R. Civ. P. 66(d) filed December 5, 2005. After two days of testimonial hearings conducted on November 3 and 4,2004, on plaintiffs' complaint of October 5, 2004, tlus court issued an order for preliminary injunction on November 4, 2004. The court found that the defendant had engaged in the unlicensed practice of denturism in violation of Title 32 M.R.S.A. 9 1062-A and 10 M.R.S.A. § 8003-C. In that injunction, the court ordered that the defendant be prohbited from engaang in the unlicensed practice of denturism, displaying or referencing his DDM diploma where anyone can see it, and acquiescing to h s being called "doctor" or using the title "Dr". On November 5, 2004, the court issued its scheduling order providing a discovery deadline of July 5,2005. On June 9, 2005, plaintiff filed a motion for contempt asserting that the defendant's denturist license was due to expire on December 31, 2004, and that previously, on November 19, 2004, the denturist subcommittee of the Maine Board of Dental Examiners recommended to the full board that any application by the defendant for relicensure be denied. The full Board adopted the recommendation on November 19, 2004, as a preliminary denial. Pursuant to that vote, a notice of preliminary denial was sent to the defendant who acknowledged its receipt on November 22, 2004. Inasmuch as the defendant did not request an appeal of the preliminary denial, on January 26, 2005, the Board sent and the defendant acknowledged receipt of a final notice of preliminary denial of license renewal. Hearing on plaintiff's motion for contempt and for permanent injunction was held August 18 and 26, 2005, at whch defendant appeared pro se and testified. Plaintiff has clearly established by essentially unrebutted testimony and exhbits that the defendant has willfully and deliberately violated the requirement of licensure. He has continued to advertise h s services as a denturist. He has maintained open office hours. He has performed denturist services on behalf of individual patients. Accordingly, plaintiff has established beyond any doubt that the defendant has violated the laws of the State of Maine of denturism, has conducted hmself in contempt of the order of h s court and, furthermore, has done so intentionally, willfully and knowingly. His culpability as established by h s state of mind is best described when he argues that he does not recognize the authority of the Maine Board of Dental Examiners and its treatment of denturists, he asserts that the Board is controlled by dentists and the American Dental Association. The only allowance he makes is that he avows to the court that if he is told to stop practicing denturism by h s court, he will do so.' Hearing on plaintiff's second motion for contempt was held on February 6, 2006, at w h c h the defendant appeared pro se. He chose not to present evidence but to argue 1 The record must reflect that on August 12, 2005, the defendant's license to practice as a denturist was permanently revoked by the Maine Board of Dental Examiners. The defendant has affected an appeal or petition for judicial review of that decision in the Augusta District Court. This matter has been assigned to this court acting by designation as a District Court Judge. Hearing has not been held and the matter remains pending. See AUG-AD-05-261. h s case. Testimony was provided by the Executive Secretary of the Maine Board of Dental Examiners and an investigator in the Attorney General's Office. It is clear that the defendant has refused to comply with the provisions of its order of November 4, 2004, by engaging in the unlicensed practice of denturism. The court finds clearly and convincingly that: A. On June 24, 2005, the Maine Board of Dental Examiners held an adjudicatory hearing in accordance with the Maine Administrative Procedures Act conce~ng defendant Ralph Dhuy's license to practice denturism. B. Prior to that date, the Maine Board of Dental Examiners had denied defendant Ralph Dhuy's application to renew h s license; however, defendant Ralph Dhuy had maintained that the Board acted illegally and, therefore, that he was till legally licensed. C. On August 12, 2005, the Maine Board of Dental Examiners ratified a written decision and order that resulted from its hearing on June 24, 2005. That decision and order, among other h n g s , revoked defendant Dhuy's license to practice denturism. D. On August 17,2005, the Maine Board of Dental Examiners sent defendant Ralph Dhuy a copy of the decision and order revoking h s license via certified mail. E. On August 19, 2005, defendant Ralph Dhuy signed for and received a copy of the Maine Board of Dental Examiners' decision and order revolung h s license. F. Defendant Ralph Dhuy has never applied for nor requested a stay of the decision and order revolung h s license. G. Defendant Ralph Dhuy continued to advertise hmself in a local weekly newspaper as a "denturist" and able to repair and fabricate new dentures from November 2005 through January 2006. H. Defendant Ralph Dhuy, despite h s knowledge of the revocation of h s denturist license, has continued to practice denturism, and admitted to such continued practice to Attorney General Investigator Seth Blodgett, who went to h s denture business on November 7,2005. I. Defendant Ralph Dhuy has not presented any credible evidence that he is unable to refrain from the acts prohbited by the court's order dated November 4,2004. Now, therefore, it is hereby ADJUDGED that defendant Ralph Dhuy is in contempt of h s court by reason of h s failure to comply with the provisions of h s court's order dated November 4,2004, as more particularly set forth above. It is further ORDERED that effective immediately: 1. Defendant Ralph Dhuy is permanently enjoined from the practice of denturism until such time as he is licensed by the Maine Board of Dental Examiners. Since defendant Dhuy is no longer licensed, he shall immediately cease the practice of denturism. 2. Defendant Ralph Dhuy is permanently enjoined from advertising hmself as a denturist in any form of medium, or from advertising that he performs any form of denturist service(s)in any form of media or medium, until such time as he is licensed by the Maine Board of Dental Examiners. Since defendant Ralph Dhuy is no longer licensed, he shall immediately cease advertising hmself and/ or h s services. 3. Defendant Ralph Dhuy is permanently enjoined from displaying or referencing his DDM diploma where anyone can see it. 4. Defendant Ralph Dhuy is permanently enjoined from acquiescing to his being called "doctor" or using the title "Dr"; and 5. Pursuant to M.R. Civ. P. 66(d)(3)(B),effective February 24, 2006, unless defendant Ralph Dhuy complies with all the provision of this order, as set forth above, 5 he shall pay to the Treasurer, State of Maine, One Hundred Dollars ($100) for each day that he fails to refrain from any of the prohbited actions. - The clerk may incorporate h s order in the docket by reference pursuant to M.R. Civ. P. 79(a). Dated: February 16,2006 - Donald H. Marden Justice, Superior Court STATE OF MAINE - PLAINTIFF SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CV-2004-00225 Attorney for: STATE OF MAINE DENNIS SMITH - RETAINED 10/05/2004 ATTORNEY GENERAL OFFICE OF AG 111 SEWALL STREET 6 STATE HOUSE STATION AUGUSTA ME 04333-0006 DOCKET RECORD MAINE BOARD OF DENTAL EXAMINERS - PLAINTIFF #I43 STATE HOUSE STATION AUGUSTA ME 04333 Attorney for: MAINE BOARD OF DENTAL EXAMINERS DENNIS SMITH - RETAINED 10/05/2004 ATTORNEY GENERAL OFFICE OF AG 111 SEWALL STREET 6 STATE HOUSE STATION AUGUSTA ME 04333-0006 vs RALPH DHUY - DEFENDANT P.O. BOX 277, EAST MILLINOCKET ME 04430 Minor Case Type: GENERAL INJUNCTIVE RELIEF Filing Document : COMPLAINT Filing Date: 10/05/2004 Docket Events: 10/05/2004 FILING DOCUMENT - COMPLAINT FILED ON 10/05/2004 10/06/2004 Party(s): STATE OF MAINE ATTORNEY - RETAINED ENTERED ON 10/05/2004 Plaintiff's Attorney: DENNIS SMITH 10/06/2004 Party(s): MAINE BOARD OF DENTAt EXAMINERS ATTORNEY - RETAINED ENTERED ON 10/05/2004 Plaintiff's Attorney: DENNIS SMITH 10/06/2004 CERTIFY/NOTIFICATION - CASE FILE NOTICE SENT ON 10/06/2004 Plaintiff's Attorney: DENNIS SMITH MAILED TO ATTY. OF RECORD 10/06/2004 Party (s): STATE OF MAINE,MAINE BOARD OF DENTAL EXAMINERS MOTION - MOTION PRELIMINARY INJUNCTION FILED ON 10/05/2004 Plaintiff's Attorney: DENNIS SMITH WITH MEMORANDUM OF LAW, DRAFT ORDER. 10/13/2004 Party(s): STATE OF MAINE,MAINE BOARD OF DENTAL EXAMINERS MOTION - MOTION EXPEDITED HEARING FILED ON 10/05/2004 10/13/2004 Party(s): STATE OF MAINE,MAINE BOARD OF DENTAL EXAMINERS MOTION - MOTION EXPEDITED HEARING GRANTED ON 10/08/2004 S KIRK STUDSTRUP , JUSTICE REQUEST GRANTED. CLERK TO SET FOR HEARING AS SOON AS HEARING TIME IS AVAILABLE. Page 1 of 5 Printed on: 02/17/2006

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