Vet sues state Board of Veterinary Medicine for suspension

By Kyla Asbury | Mar 21, 2012

MORGANTOWN -- A veterinarian is suing the West Virginia Board of Veterinary Medicine after he claims his license has been suspended because of alleged violations.

On July 8, 2011, due to an emergency medical condition, Robert Stewart entered into a consent agreement and order, which limited his practice and the procedures which he was authorized to perform, according to a complaint filed in Monongalia Circuit Court.

Stewart claims on Jan. 31, the defendant filed a statement of charges and notice of hearing against him alleging various violations of the July 8, 2011 consent agreement and order.

The statement of charges and notice of hearing provided to Stewart was incomplete and missing an entire page of its text, according to the suit.

Stewart claims on Feb. 14 he received a revised statement of charges and notice of hearing, however, the revised notice "contained an erroneous 'Count II' which duplicated charges made in 'Count I' of the notice."

On Feb. 17, Stewart attended the hearing and upon arriving, he learned that the defendant had failed to procure the services of a court reporter, and accordingly, the hearing was canceled and rescheduled for March 5, according to the suit.

Stewart claims he has been unable to contest the allegations made against him for nearly a month and the substantial period of time that his license to practice veterinary medicine has been and will continue to be suspended, constitutes a serious deprivation of his right to work and earn a living.

Stewart is seeking the court to enter a write of prohibition against the defendant prohibiting the Board from suspending his license until such time as a final disposition is reached in his contested case. He is being represented by Albert C. Dunn Jr.

Monongalia Circuit Court case number: 12-C-136

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