Appeal from the Circuit Court of Sangamon County; the Hon.
CREEL DOUGLASS, Judge, presiding. Reversed and remanded.
Rehearing denied June 20, 1968.
This is an action arising under the Administrative Review Act (Ill. Rev Stats 1965, c 110, § 264 et seq.) to review the decision and order of the Director of the Department of Registration and Education of the State of Illinois, denying the petition of C.O. Wedeberg, a formerly licensed dentist, for the restoration of his license theretofore issued in 1920.
Pursuant to proceedings under chapter 91, section 62, relating to Medicine and Surgery, the license of plaintiff was revoked on January 9, 1961. The proceeding for revocation of license was instituted upon a petition of one Edgar T. Stephens, filed July 6, 1959. A hearing was had thereon, evidence received, and by order of the director the license was revoked. No review of that decision was requested. We must, therefore, accept the correctness of that order. Our concern rests solely with the denial of plaintiff's petition for the restoration of his license.
On March 21, 1961, the plaintiff, pursuant to chapter 91, section 62e of the Statutes of Illinois, filed his petition for the restoration of his license, which was denied on October 3, 1961. From this order no further action was taken by the plaintiff. On March 1, 1965, plaintiff filed another application for the restoration of his license, pursuant to the statutory provisions and rules governing the same. It is to be observed that in his petition for restoration of his license the plaintiff did not join as a party defendant Edgar T. Stephens, who was the original complainant on petition for revocation of license. Complaint is made upon the part of the Department and Stephens as to the failure to join Stephens as a party defendant, it being contended he was a necessary party. This we will comment upon later. This petition, after hearing, was denied by the Department on July 22, 1965.
The plaintiff filed, in the Circuit Court, his petition for a review of the decision denying his petition. After a hearing the Circuit Court determined the plaintiff had been denied a fair hearing, and on April 6, 1966, reversed the administrative decision and remanded the cause for a new hearing.
Thereafter a new Special Dental Examining Committee was appointed to conduct a new hearing upon the petition for restoration, which board the plaintiff accepted with approval. That hearing was held on September 29, 1966, and evidence heard upon behalf of all parties. This special committee made its report recommending to the Director of the Department of Registration and Education that the petition for Restoration of License be denied. This recommendation was approved by the Director, by written and signed approval endorsed upon the report itself on January 13, 1966. The formal order was entered on the 8th day of March, 1967.
Summons for administrative review was filed and notice served on February 2, 1967. Hearing was had before the Circuit Court on May 16, 1967.
The Special Examining Committee, which conducted the hearing, found, among other things, that the plaintiff:
1. Used false and misleading advertising, in violation of paragraph 7 of sections 70, 72 and 72b of the Illinois Dental Practice Act (c 91, par 62, Ill Rev Stats)
2. Engaged in dental practice subsequent to the revocation of his license;
3. Sought to obtain dental practice in violation of the Illinois Dental Practice Act;
4. Subsequent to the revocation of license was indicted for the unlawful practice of dentistry without a license to which charges he entered a plea of guilty, and was fined;
5. Subsequent to the revocation of his license was indicted for contempt of court in attempting to influence a prospective juror, to which he pleaded ...