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Cybularz v. Quern

OPINION FILED MAY 26, 1981.

CONSTANCE CYBULARZ, D.C., PLAINTIFF-APPELLANT,

v.

ARTHUR F. QUERN, JR., DIRECTOR OF THE DEPARTMENT OF PUBLIC AID, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Cook County; the Hon. JAMES C. MURRAY, Judge, presiding.

MR. PRESIDING JUSTICE CAMPBELL DELIVERED THE OPINION OF THE COURT:

Plaintiff, Constance Cybularz, is a vendor of chiropractic services to recipients under the Medical Assistance Program (Ill. Rev. Stat. 1977, ch. 23, par. 5-1 et seq.). After an administrative proceeding, the Director of the Department of Public Aid (hereinafter Department) (Ill. Rev. Stat. 1977, ch. 23, pars. 1-1, 12-13) found that the plaintiff, who was licensed as a chiropractor, had committed certain violations of the Medical Assistance Program by having represented herself to the public as a medical doctor on telephone records and telephone directories in contravention of sections 24 and 32 of the Medical Practice Act (Ill. Rev. Stat. 1977, ch. 111, pars. 4459, 4467), and the Rules of the Department, and terminated plaintiff's privileges as a vendor of services pursuant to section 12-4.25(A)(h) (Ill. Rev. Stat., 1978 Supp., ch. 23, par. 12-4.25(A)(h)(1)) and section 4.51(i)(1) of the Rules of the Department. A complaint for administrative review was filed, and the court affirmed the findings and decision of the Director on August 30, 1979. This appeal followed.

On appeal, plaintiff has presented the following issues for review:

(1) Whether the court erred in affirming the decision of the Director of the Department of Public Aid to terminate the plaintiff as a vendor based on the evidence and the law;

(2) Whether the court committed error in finding that the Director of the Department of Public Aid met the burden of proof to sustain the findings of fact and conclusion;

(3) Whether the court erred in finding that the decision of the Director of the Department of Public Aid, based on the administrative record, is not against the manifest weight of the evidence;

(4) Whether the court erred in finding that the exhibits were properly admitted into evidence;

(5) Whether the court erred in finding that the failure of the Director of the Department of Public Aid to produce discovery documents upon request was not a violation of the plaintiff's right to a fair hearing;

(6) Whether the court erred in finding that the plaintiff had no standing to challenge the validity of section 12-4.25(A)(h)(1) (Ill. Rev. Stat., 1978 Supp., ch. 23, par. 12-4.25(A)(h)(1)); and

(7) Whether the court committed error when it found that section 12-4.25(A)(h)(1) (Ill. Rev. Stat., 1978 Supp., ch. 23, par. 12-4.25(A)(h)(1)) was not an enactment in violation of the Federal and State constitutions.

Plaintiff had been charged in the statement of grounds as follows:

"1. That Dr. Constance Cybularz, D.C., Aurora Medical Center, 51 S. Broadway, Aurora, Illinois, is a Vendor participating in the Illinois Medical Assistance Program.

2. That Dr. Constance Cybularz D.C. has misrepresented herself as a medical doctor in that she has listed her name as an M.D. in both the Far West suburbs and in the Northwest suburbs telephone directories.

4. That the facts, as stated above establish that Dr. Cybularz has violated Illinois law, to wit, Chapter III sections 4459 ...


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