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13 N.J.A.R. 217

Friedman, Stuart Joel, M.D.; In the Matter of the Suspension or Revocation of the License of
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Citation: 13 N.J.A.R. 217
Decision Date: 1988
Synopsis: A complaint was filed against respondent, a licensed physician, alleging that he violated various statutes and regulations relating to the prescribing, dispensing, possession and professional use of controlled dangerous substances. The matter was transmitted to the Office of Administrative Law for a hearing. The administrative law judge assigned to the case found that there had been numerous violations which would be grounds for suspension or revocation of respondent's license pursuant to N.J.S.,4. 45:1-21. The judge noted that the statute was intended to be remedial rather than punitive, but, because previous remedial efforts had failed to prevent continued violations by respondent, the judge concluded that respondent's license should be revoked. In assessing civil penalties, the judge took into account that the number of violations would subject respondent to substantial cumulative costs. Therefore, the penalty was set at $600 for each statutory violation and $400 for each regulatory violation, for a total of $24,200. In light of the severity of the sanction of revocation, the judge said that higher civil penalties would be excessively punitive. Respondent was also required to pay costs related to the investigation of the case and expert witness fees. Upon review, this initial decision was adopted by the Board of Medical Examiners. Joan D. Gelher, Deputy Attorney General, for petitioner, New Jersey State Board of Medical Examiners (W. Cary Edwards, Attorney General of New Jersey, attorney) John L. Madds. lena, Esq., and Gerald J. Martin, Esq., for respondent, Stuart Joel Friedman, M.D. (Rinaldo and Rinaldo, attorneys)
Rule(s) Cited: 13:35-6.5 13:35-6.6 
Statute(s) Cited: 45:1-14 45:1-21 45:1-22 45:1-25 45:9-6