Widenbaum

I. BACKGROUND

The BCE filed an accusation against Widenbaum alleging acts of unprofessional conduct and sexual misconduct against four female patients. A hearing was held before an administrative law judge (ALJ) and, according to the ALJ’s proposed decision, the record was closed and the matter was submitted on February 14, 2013. The ALJ concluded that clear and convincing evidence established that Widenbaum engaged in

1 sexual misconduct and unprofessional conduct and recommended revocation of his license. After considering the matter at an October 29, 2013 closed session, the BCE issued an “Order of Nonadoption” on November 8, 2013, stating it rejected the ALJ’s proposed decision and that it would decide the case “upon the record,” including the transcript of the hearing before the ALJ, and written argument by the parties. With the order, the BCE sent Widenbaum a letter, signed by a staff member, informing him that the Board had discussed the ALJ’s proposed decision at a closed session and had elected to “non-adopt” it. The letter stated that written argument must be limited to evidence in the record and that no new evidence would be permitted. Widenbaum filed a request for…