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5 N.J.A.R. 310

Sananman, Michael L., M.D.v. Medical Examiners, Board of
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Citation: 5 N.J.A.R. 310
Decision Date: 1981
Synopsis: In a proceeding to revoke the medical license of Michael L. Sanan- man, M.D., the Attorney General sought a blanket order sealing a two-count complaint brought against the doctor and the resulting proceedings. The Attorney General contended that since the State Board of Medical Examiners had transmitted the case to the Office of Administrative Law as a sealed file and that since the complainants in the case might be embarrassed by undue publicity, the proceedings should be sealed. Finding that the Attorney General had failed to show good cause or unusual and compelling circumstances to warrant sealing the proceedings, the administrative law judge denied the motion. The judge noted that it was presumed that all adjudicative proceedings were open to the public and that any deviation from this norm must be tested by a standard of strict and inescapable necessity. Rejecting the argument that the Board's initial action sealing the record should be treated as an order of a judge, the judge determined once the case is before the Office of Administrative Law, the Board was without jurisdiction over the matter. Additionally, the judge noted that there was no proof before him that the complainants in the case would be unduly embarrassed or that there would be unwarranted deprivation of their privacy. The fact that the case involved allegations of sexual misconduct could not, on its own, be sufficient to create the compelling circumstances necess- ary to seal the record. Barry M. Epstein, Esq., for petitioner (Sills, Beck, Cummis, Radin & Tischman, attorneys) Joan D. Gelber, Deputy Attorney General, for respondent (James R. Zazzali, Attorney General, attorney) State of New Jersey 311
Rule(s) Cited: 1:1-3.1