{
  "id": 1751492,
  "name": "Dr. Neil HINSLEY v. ARKANSAS STATE BOARD OF DENTAL EXAMINERS",
  "name_abbreviation": "Hinsley v. Arkansas State Board",
  "decision_date": "1982-06-01",
  "docket_number": "81-193",
  "first_page": "243",
  "last_page": "244",
  "citations": [
    {
      "type": "official",
      "cite": "276 Ark. 243"
    },
    {
      "type": "parallel",
      "cite": "633 S.W.2d 696"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T15:52:15.988639+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Dr. Neil HINSLEY v. ARKANSAS STATE BOARD OF DENTAL EXAMINERS"
    ],
    "opinions": [
      {
        "text": "Richard B. Adkisson, Chief Justice.\nThe Arkansas State Board of Dental Examiners (hereinafter the Board) suspended the license of appellant, Dr. Neil Hinsley, for one year and 90 days after finding that he had practiced dentistry under a false name and had permitted unlicensed persons under his supervision and control to practice dentistry. The Pulaski County Circuit Court sustained the Board; on appeal, we reverse.\nThe Board charged appellant with violating Ark. Stat. Ann. \u00a7 72-659 and \u00a7 72-560 (7) (Repl. 1979) but found him \u201cguilty\u201d of violating Board rules and regulations. In its order of April 9, 1981, the Board specifically found that:\nNeil Hinsley is guilty of violating Article 12, Section I of the Rules and Regulations of the Arkansas State Board of Dental Examiners in that he practiced under a name other than a name which he is licensed to practice, and as such is to have his license to practice dentistry suspended for a period of 90 days. It is further found that Neil Hinsley is guilty of violating Article 12, Section E of the Rules and Regulations of the Arkansas State Board of Dental Examiners in that he aided or abetted an unlicensed person to practice dentistry in the state of Arkansas and as such he will have his license to practice dentistry in the state of Arkansas suspended for a period of one year. It is further found that the two periods of suspension of his license to practice dentistry, referred to above, will be consecutive in nature, and that the total amount of suspension will be one year and ninety days from the date of this order.\nThe only issue on appeal is whether there is substantial evidence to support the Board\u2019s finding that appellant was \u201cguilty\u201d of violating these rules and regulations. Testimony at the hearings before the Board revealed that the alleged incidents of misconduct occurred before the effective date of the rules. Mr. Trice, attorney for the Board, admitted that these rules did not go into effect until September 1,1980, and that \u201cThe statutes are all that need to be considered in this case ...\u201d\nIt is a fundamental element of due process that a rule, the violation of which would cause a person to lose a valuable property right, must be in existence before it can be violated. There is not, nor could there be, substantial evidence to support the Board\u2019s finding that its nonexisting rules were violated.\nWe cannot assume that the Board intended to find appellant \u201cguilty\u201d of violating Ark. Stat. Ann. \u00a7 72-559 and \u00a7 72-560 (7) when the Board\u2019s order plainly states otherwise. We do not reach the issue of whether or not the Board could have suspended Dr. Hinsley\u2019s license had it found that he had violated Ark. Stat. Ann. \u00a7 72-559 which provides for a fine of from $50 to $500 upon conviction.\nReversed.",
        "type": "majority",
        "author": "Richard B. Adkisson, Chief Justice."
      }
    ],
    "attorneys": [
      "Kaplan, Hollingsworth, Brewer ir Bilheimer, for appellant.",
      "William H. Trice, III, for appellee."
    ],
    "corrections": "",
    "head_matter": "Dr. Neil HINSLEY v. ARKANSAS STATE BOARD OF DENTAL EXAMINERS\n81-193\n633 S.W.2d 696\nSupreme Court of Arkansas\nOpinion delivered June 1, 1982\nKaplan, Hollingsworth, Brewer ir Bilheimer, for appellant.\nWilliam H. Trice, III, for appellee."
  },
  "file_name": "0243-01",
  "first_page_order": 267,
  "last_page_order": 268
}